Articles Posted in Assault & Battery

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On December 2, 2022, DM, a 46 year old asylum immigrant from Uganda, was arrested by the Lowell PD for Assault and Battery on a Pregnant person (a felony) and Assault & Battery on a Household Member. DM and his girlfriend live together and got into an argument and the girlfriend alleged that he pushed her causing her to fall to the floor. She then called 911. On December 5, 2022 DM was arraigned in Lowell District Court and his case was continued to January 24, 2023 for a pre-trial hearing. DM met with and retained Attorney Robert Lewin from Andover. After reviewing all the facts and police reports in detail, and after speaking directly with DM’s girlfriend, Attorney Lewin pointed out to DM that this was a “he said she said” case if it went to trial. If DM and his girlfriend were husband and wife she would have a privilege in Massachusetts not to testify against her husband; however, they were not married and therefore she could be forced to testify against him.

When the police arrived after the 911 call, the girlfriend pulled up in her car. In the car were open containers of alcohol and she had an odor of alcohol. The police report mentioned those items but said that the girlfriend did not exhibit any signs of intoxication. The girlfriend did not want to testify and the “open containers of alcohol” in the vehicle provided her with a way to avoid testifying. If she were to testify, Attorney Lewin could and would ask her about the alcohol containers in the car. It is a crime to have an open container of alcohol in a vehicle. This gave the girlfriend a Fifth Amendment Privilege not to testify. Attorney Lewin explained that to the girlfriend.

On March 6, 2023 DM and Attorney Lewin appeared in Lowell District Court when the case was scheduled for trial. The girlfriend was also present. When the case was called Attorney Lewin informed the Judge that the girlfriend had a Fifth Amendment privilege and that she should be appointed a lawyer. The Judge appointed a lawyer to advise the girlfriend. Attorney Lewin spoke with the lawyer and gave him the paperwork showing that if the girlfriend testified she could incriminate herself. The lawyer met with the girlfriend. The case was called again and the lawyer for the girlfriend reported to the Judge that the girlfriend had a valid Fifth Amendment privilege and would exercise her privilege and not testify. The DA the reported that they could not go forward without the testimony of the girlfriend. The Judge looked at Attorney Lewin. Attorney Lewin moved for a dismissal of the case. The Judge ordered the case dismissed.

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BX, an attractive 30 year old female nurse at a large Boston hospital, had a whirlwind romance with DD, a 33 year old male engineer. They had a first date in October 2022 and by Thanksgiving they were talking of marriage. They went to NY and looked at Diamond Rings at Tiffany’s. He brought her to meet his family. He went to her parents to get permission to marry her. The two planned a trip to the Caribbean where they would seal the deal. Two days before they were to leave to go on the trip they got into an argument. The argument was over his failure to get rid of body soap in the shower that belonged to one of his former girlfriends. (He just could not let go of the memories that fragrance triggered!) Well BX got very angry with him and according to the police report she hauled off and slapped him twice across the face. She then left his place. He then called off the planned engagement and went to the Caribbean by himself.  When he returned, his car, which he had left parked in the street, had several new dents in it that were not there before he left. He went to the police and reported the damage to his car and the two slaps to the face. The police applied for a criminal complaint against BX for Assault & Battery on a Household Member. (The police could not charge BX with the damage to DD’s car, as there was no evidence at all that she had caused the damage.)

BX is an emergency room nurse at a major Boston Hospital. A charge of Assault & Battery would cause her problems with the Board of Registration in Nursing and with her employer. It was critical to BX that a criminal complaint not be issued against her.  BX had had a previous run in with the criminal law, and had hired Attorney Robert Lewin from Andover to represent her in that prior case. Attorney Lewin was successful in defeating that prior case at a Clerk’s Hearing. Once again BX turned to and retained Attorney Robert Lewin for help.

Attorney Lewin immediately contacted the Cambridge police prosecutor and explained the details of the relationship between BX and DD. Attorney Lewin advocated with the police prosecutor for no criminal complaint to be issued against BX. Attorney Lewin obtained the police reports and reviewed them in detail with BX. Attorney Lewin fully prepared BX for the Clerk-Magistrate hearing and prepared her to testify.

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DM, an 80 year old male resident at an elderly housing facility in Haverhill was accused of assaulting DI, a 72 year old female resident at the same facility. DM was walking in the hallway of the facility and opened a window in the hallway to get some fresh air into the hallway. DI, whose room was slightly down the hallway from the window, did not want the window open and closed the window. DI claimed that DM then choked her to get her away from the window which he then reopened. DI went to her room and called 911. The police responded to the facility and interviewed both parties. DM denied choking DI. DM told the police that DI had assaulted him. DM did tell the police that after DI closed the window he reopened the window purposely to aggravate DI. The police filed an application for a criminal complaint against DM at Haverhill District Court seeking a complaint of Assault & Battery on an Elderly Person. DM has a daughter who assists DM with his affairs. DM’s daughter contacted Attorney Robert Lewin from Andover.  Attorney Lewin set up a zoom conference with DM and his daughter and took a complete statement of the facts from DM and thoroughly discussed the case with them. DM and his daughter retained Attorney Lewin.

DM’s daughter and DM himself were both extremely helpful to Attorney Lewin in preparing a defense to the charge. DM’s daughter furnished Attorney Lewin with photographs of the window and hallway and of DM (and his walker). These photographs would prove to be very helpful later. DM himself furnished Attorney Lewin with his medical records showing that DM had only a 2% use of his right hand and a 22% use of his left hand making it almost impossible for DM to have “choked” DI. In addition DI had been involved in two similar incidents in which DI had exhibited aggressive behavior toward another resident.  Attorney Lewin was able to secure the paperwork on those prior incidents.

On September 14, 2022 all the parties appeared via zoom for a Clerk-Magistrate Hearing before the Clerk-Magistrate at Haverhill District Court. Present on the zoom were Attorney Lewin, DM, DM’s daughter, the Haverhill Police Prosecutor, DI, and DI’s sister.  Attorney Lewin presented (electronically) to the Clerk-Magistrate the photographs of the window, the hallway, and of DM himself with his walker. Attorney Lewin also presented to the Clerk-Magistrate DM’s medical records showing his disability. Attorney Lewin also presented to the Clerk-Magistrate the incident reports showing that DI herself had on prior occasions acted belligerently towards another resident at the facility.

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CC, a 42 year old disc jockey, lived with his girl friend in his condo in North Andover. On February 3, 2022 CC and his girlfriend got into an argument. They each accused the other of texting romantically with other people. The girlfriend went nuts. She threw CC’s iPhone off the third floor balcony of the condo . She attacked CC. CC got out his cell phone and began to record his girlfriend which aggravated her even more. Finally the girlfriend called 911. The police arrived. She told them he had strangled her. He got arrested. The next morning he was brought to Lawrence District Court and was ordered held without bail. His lawyer at the time appealed the bail to Superior Court. In the Superior Court he was released to 24 hour lockdown at his home on GPS. Inexplicably, the lawyer originally representing CC at his arraignment and bail hearings never showed the Court the videos that CC had. The lawyer was aware of the videos and had seen them, but he never played them at either of CC’s bail hearings. Had he shown them to the Judges it is very likely that CC would never have been confined to his home for 3 months.CC searched for a new lawyer. CC contacted Attorney Robert Lewin from Andover. Because CC could not leave his house, Attorney Lewin went to CC’s condo in North Andover. CC liked what he saw in Attorney Lewin and retained Attorney Lewin.

Attorney Lewin reviewed the videos that CC had captured on his iPhone. They were terrific. The videos showed the girlfriend attacking CC and he kept telling her to stop and to leave. The videos also captured the girlfriend’s 911 call to the police in which she never says that he strangled her. In court discovery, Attorney Lewin furnished copies of the videos to the DA. The case was set down for trial on May 20, 2022. CC and Attorney Lewin had had two lengthy trial prep sessions in the week leading up to the trial. On May 20, 2022 Attorney Lewin and CC appeared at court ready for trial.  Attorney Lewin informed the Judge that the girlfriend had committed several criminal offenses: Malicious Destruction of Property (smashing CC’s iPhone) and Assault & Battery (striking CC as shown on the video). The Judge appointed a lawyer to advise the girlfriend of her Fifth Amendment right not to incriminate herself. Attorney Lewin showed the court appointed lawyer the videos. Ultimately the girlfriend gave up and refused to testify. The charges against CC were dismissed; the GPS bracelet was removed; and he walked out of the Courthouse a free man.

CC and his family all gave Attorney Lewin a big hug! Trial preparation is critical to winning in criminal court.

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MU is a 27 year old female who was living with her mother (age 62) and brother (age 25) in the family home in Andover. On February 28, 2021 the police were called to the house on the report of assaults by MU on both her mother and brother. The brother told the police that MU threw a full glass of water at him and attempted to kick him. According to the police report the Mother told the police that MU had been drinking and that MU “began kicking at her (the mother) and pulling her hair, pulling clumps of hair out of her head.” The mother also told the police that MU kicked at the Mother and the brother and also had bitten them. The policed observed the clumps of hair that had been pulled out and observed bruises and bite marks on the brother and mother. The policed arrested MU and she was charged with Assault & Battery on a person over age 60 (a felony) and two additional counts of Assault & Battery.

MU consulted with and retained Attorney Robert Lewin from Andover. MU’s version of the events was very different from the version of events given to the police by her mother and brother. It was clear to Attorney Lewin that MU had been the victim of an attack by her brother and mother. An application for a criminal complaint against the mother for assaulting MU was filed at Lawrence District Court. This “leveled the playing field”.

Attorney Lewin explained to MU that the only people who really win in criminal court are the lawyers because they are paid to be there and that it is in everyone else’s best interest to get out of criminal court as quickly and favorably as possible. Attorney Lewin explained to MU that everyone involved in this situation (MU, her mother, and her brother) had a right to remain silent and a right NOT to testify against each other. Attorney Lewin further explained that if everyone exercised their right to remain silent all the charges (against both MU and her mother) would have to be dismissed.  MU said that worked for her as she had no interest in testifying against her mother and she wanted the charges against herself dismissed. Even though the brother had not been charged, he too had a right to refuse to testify against his sister as his testimony could tend to incriminate him in a crime (assault & battery on his sister). With all that in mind Attorney Lewin contacted the lawyer for the Mother and suggested that it was in MU’s best interest and the Mother’s best interest not to testify against one another. The Mother’s lawyer agreed.

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On November 5, 2020, LT, a 43 year old firefighter in a town north of Boston, was at home with his wife and two sons, ages 5 and 6. The five year old son has behavioral issues and throws tantrums when he does not get his way. The family had supper together and the LT’s wife was getting the two boys ready for bed. The five year old began demanding to eat more. His mother told him no and he had a meltdown. Her was kicking and screaming. LT then got off the couch and went over to the five year old. LT told this son to stop screaming and LT started to count 10, 9, 8 … The boy then stood up, stuck his face out toward LT, and screamed at LT. LT had his right hand extended and swept three fingers across his sons cheek striking the boy’s neckline and chin line. LT then picked his son up and carried him into his bedroom and placed him down on the bed. The sweep across the chin/neck area had left very visible and distinct red marks on the five year old’s neck.

The next morning, with the red marks very visible, the five year old went to school. A teacher noticed the marks and asked the five year old what happened and he told the teacher that his father had hit him the night before. The teacher – being a mandated reporter- immediately called DCF and the police. DCF and the police went to LT’s home to investigate and they confirmed that what the boy told them was true.

The police contacted LT and asked him to come to the station. LT was interviewed at the station by the police and DCF and he admitted to striking his son. DCF opened an abuse case against LT and the police filed an application for a criminal complaint against LT at Lowell District Court. DCF told LT and his wife that LT could not be left alone with the boys or DCF would go to court to seek custody of the boys.

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SS, a 40 year old Gulf War Veteran from NY State, came to Methuen for the funeral of a fellow veteran. SS and several other veterans arrived in Methuen on Friday, July 16, 2021. They all checked into a hotel and went out for dinner and some drinks. At 3:00 AM on Saturday, July 17, 2021 the police were dispatched to the parking lot of the hotel on the report of a man with a knife acting belligerently.  The police arrived and saw SS attempting to fight one of his fellow veterans. The police attempted to deescalate the situation but SS did not respond to any of their requests. Ultimately the police were forced to taze SS and he fell to the ground.

The police spoke to SS’s fellow veterans who informed the police that SS suffered from PTSD. Rather than arrest SS, the police brought SS to Holy Family Hospital in Methuen. The police filed an application for a criminal complaint against SS for Assault & Battery and Disturbing the Peace at Lawrence District Court. The Application was set down for a hearing on Friday, October 1, 2021.

SS consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained a copy of SS’s DD-214 (Discharge Summary) and a copy of SS’s VA Determination of Disability. It was clear to Attorney Lewin that this episode was a direct result of SS’s PTSD. In addition, Attorney Lewin got confirmation that SS was in treatment at the VA. Attorney Lewin spoke with the police prosecutor and furnished the police prosecutor with copies of the documents that Attorney Lewin had obtained.

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JP is a 32 year old licensed insurance salesman for a large insurance company in Boston. It is a well paying job that requires that he be licensed by the State Department of Insurance. Any criminal offense on his record could cause him to be ineligible for state licensure and it could cause his employer to fire him. JP lives in Salem, MA with his wife and two children. JP’s mother and step-father had been living in JP’s house for two years. JP and his wife told JP’s mother and step-father that they (the mother and step-father) had to find another place to live as the house was too crowded and relations were getting strained. On May 4, 2021 a loud argument broke out between JP and his mother. The police were called to the house. In the 911 call, all that can be heard is loud yelling (in Portuguese) between a female and a male. The police arrived at the house and the yelling was still going on. The police separate everyone.

The police speak with JP’s mother who says that JP “grabbed both the left and right collars of her jacket and pulled her forward in a violent motion”. She also tells the police that “she then slapped JP back across the face in self-defense”. The police then speak to JP. At first JP told the police that he and his mother had had an argument when his mother slapped him across the face for no reason. When asked, JP denied touching his mother. The police then told JP that his mother had told them that she had slapped JP in self-defense after he had pushed her. According to the police report “JP then immediately related that he was slapped in the face first and then pushed her in defense.” The police mad a determination that JP was “the dominant aggressor” and the police placed JP under arrest for Domestic Assault & Battery”.

JP was arraigned in Salem District Court the next day and his case was continued for a pre-trial hearing to July 19, 2021. JP sought out a lawyer. JP spoke (via zoom) with Attorney Robert Lewin from Andover and JP hired Attorney Lewin to represent him. JP explained to Attorney Lewin that his application for re-licensure had to be submitted in September and that he had to get the case favorably resolved by that time.

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On March 2, 2020 five grown men (ages 62, 53, 47, 43, and 27) all of whom knew one another got into a brawl in Haverhill, MA. During the brawl the 27 year old pulled out a knife and stabbed the 53 year old. No one died, but the 53 year old had a serious injury to his leg that required a period of hospitalization followed by a period of rehabilitation. The 47 and the 43 year old were brothers and they were accused of holding down to the ground and kicking the 62 year old and the 27 year old. Charges were brought against all five men. All five men sought out and retained lawyers.

The 47 year old (SO) consulted with and retained Attorney Robert Lewin from Andover, MA. SO was charged with Assault & Battery on a Person 60 years or Older (a felony) and with Assault & Battery. SO was a fireman in a local fire department and a felony conviction could cost him his job. In his very first appointment with Attorney Lewin, Attorney Lewin told SM that it was in the interest of all five men to have all the cases go away. Attorney Lewin explained that this would require all five of the men to refuse to testify against the others. This meant that those of the five men who were real victims would have to be willing to let go of the charges against the person(s) who had struck them. Attorney Lewin told SO that he would “quarterback” getting all the lawyers to get their clients to agree. SO very much wanted the charges against himself to be dropped and he was more than willing to drop the charges against the men who had assaulted him.

Attorney Lewin spoke with the four other lawyers. Everyone was on board – except the 53 year old who had been stabbed. He wanted the 27 year old prosecuted and convicted. But, as usual, there was a wrinkle. The 53 year old was himself on probation for an assault and he had other pending cases; therefore, this new case which included a charge against the 53 year old presented a problem for the 53 year old.

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On December 21, 2019 two men (JG and JM) who shared an apartment in Newburyport went out for a few drinks. They returned back to the apartment. It is at this point that the two versions of what happened differ wildly. The police reports contain the following: According to JG, who owned the lease on the apartment, JG asked the roommate JM to leave the apartment. When JM refused to leave an argument broke out and JM punched JG and pushed him to the floor knocking over a Christmas tree. According to JM, when they returned from the bar JM tried to go to sleep but JG began arguing with JM and JG pushed and scratched JM at which point JM pushed JG away.  Both men told the police that the other man was the aggressor. Both men told the police that the other man hit first. And both men told the police they acted in self-defense. JG had visible injuries and he had been the one that called the police. JG requested medical attention and was brought to the hospital. The police arrested JM at the scene and the police told JG that he would receive a notice to go to court.

On December 23, 2020 JM was arraigned in Newburyport District Court and his case was continued for a pre-trial hearing to January 27, 2020. JM was appointed a lawyer. JG received a Notice of a Criminal Complaint Application that had been filed by the police. The Notice informed JG that the police had filed an application against JG at the Court wherein the police were asking the Clerk-Magistrate of the Court to issue a criminal complaint against JG for Assault & Battery. The Notice further informed JG that a hearing would be held at the Court by a Clerk-Magistrate on January 31, 2020. JG met with and retained Attorney Robert Lewin of Andover. Attorney Lewin explained to JG that you never want to be in criminal court – especially in Newburyport District Court, the toughest District Court in Essex County. Attorney Lewin explained to JG that the only people who “win” in Criminal Court are the lawyers because the lawyers get paid to be there. Attorney Lewin explained to JG that if JM refused to testify against JG then it was very likely the case against JG would go away and JG would not be charged. Likewise, Attorney Lewin explained that if JG refused to testify against JM the case against JM would likely go away. JG told Attorney Lewin that he did not want to be charged and he had no problem with the case against JM being dismissed.

Attorney Lewin called the lawyer that had been appointed to represent JM and proposed that both men refuse to testify against the other in their respective cases. The public defender agreed with Attorney Lewin’s suggestion. Attorney Lewin called the police prosecutor. The police prosecutor represents the police department at the Clerk-Magistrate Hearing. The prosecutor said that if JM had no interest in going forward with the case against JG then the police would not press the matter forward at the Clerk-Magistrate Hearing. Attorney Lewin told the public defender for JM to speak with the Assistant DA and to tell the DA that Attorney Lewin represented JG and that JG was not going to testify against JM.

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