If you or a loved one has been charged with a violent crime in Lowell, you need to expect an aggressive prosecution. Even if you have no record, it is likely that the prosecution will be requesting a high cash bail or even detention without bail and will be looking to see you serve jail time. If you have been arrested for committing a violent crime, you need an experienced criminal defense attorney who is not afraid to fight the toughest cases.
What is a Violent Crime?
In Massachusetts a violent crime is considered any criminal act that involves the use of physical force, weapons, or the threat of violence. There are many crimes that could constitute a violent crime. Having worked for 12 years as a public defender, I have handled countless violent crime cases including charges of:
Common Defenses for Violent Crimes
If you have been charged with a violence crime in Lowell, you need an attorney who can begin working on your case as soon as possible. Because of the harsh penalties for violent crimes conviction, building a strong defense is critical. Some of the most common defenses in violent crimes cases include:
- Self-defense: if a person is facing imminent harm with no ability to escape, a person may use the minimum amount of force necessary to protect him/herself and to enable escape;
- Defense of another: like in self-defense, a person may use the minimum amount of force to protect another person who is facing imminent harm and unable to escape;
- Defense of property: a person may use reasonable force to prevent the taking of one’s own property or to regain property that has been momentarily taken away;
- “Some other guy did it”: this defense usually involves misidentification but may also involve a cover-up to protect the real perpetrator;
- There was no crime committed: the person alleging the crime made it all up;
- Lack of specific intent to commit the crime: certain crimes require proof that the accused specifically intended to complete the crime. Drug or alcohol consumption may in some cases be used to show that the accused did not specifically intend to do what he did;
- Insanity: if a person suffers from a mental disease or defect, and as a result,he is either unable to appreciate the wrongfulness of his conduct or is unable to conform his conduct to the requirements of the law, then he may be found not guilty by reason of insanity.
Successful self-defense defense: I represented a young man accused of armed assault with intent to murder for stabbing someone at a party where everyone was drunk and looking to fight. The victim of the stabbing and his brother testified that my client initiated a one-on-one fight with the victim and pulled a knife out and stabbed him because he was losing the fight. The stabbing victim was unarmed man and much smaller than my client. I presented several witnesses from the party who all agreed that my client had been surrounded by a large group of angry men, including the one who was stabbed and his brother, who swarmed him and beat him to the ground. Following many hours of intense and meticulous preparation, my client testified beautifully about the attack and his belief that he was going to be beaten to death. He was acquitted of all charges.
Successful “some other guy did it” defense: in another case in which my client was accused of rape of a child, the police failed to investigate another adult male living in the household. I learned that this other man was a registered sex offender and highlighted the police’s failure to investigate him as a possible suspect to the crime. As the trial developed the jury started to suspect that the child’s mother was covering up for this man who was the father of her youngest children. The jury found my client not guilty.
Successful misidentification defense: my client was accused of armed assault to rob after a shop owner was mugged in an dark alleyway as he went to throw out garbage. By keeping my client out of the witness’s view while he testified, I was able to get him to commit to a description of his robber who was much taller than my client. In that trial a Lowell Police detective showed the jury eight photos of men including my client and testified that he showed the witness the photos and the man had selected my client’s photo as the person who had robbed him. The shop owner testified that he had looked at hundreds of photos on the police department’s computer but had never made a selection. My client was found not guilty in less than twenty minutes.
Successful “she made it all up” defense: my client’s girlfriend accused him of refusing to let her out of the car as he drove aimlessly for over an hour which led to him being indicted for kidnapping. Unknown to the prosecutor, the girlfriend was sending him giggly text messages from the police station as her father told detectives that his daughter had been kidnapped.
Lowell Violent Crimes Attorney
If you or a loved one have been charged with a violent crime, you will need to retain the services of an experienced and highly skilled violent crimes lawyer in Lowell who has a successful record of defending clients charged with serious crimes. Please contact me to schedule a free consultation.