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Assault And Battery Criminal Attorney

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Assault and Battery

In Com. v. Starkus, 69 Mass. App. Ct. 326, 867 N.E.2d 811 (2007) the court observed that follow-up police report describing uncharged acts of sexual misconduct involving two young girls, ages 11 and 13, during course of investigation for rape of 14-year-old was related to sex offense, and thus, was admissible in proceedings to commit convicted sex offender as sexually dangerous person; report was relevant to show pattern of conduct and probable existence of same passion or emotion at time at issue, and encounters described by girls occurred close in time to rape.

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Assault and Battery

The court in Com. v. Starkus, 69 Mass. App. Ct. 326, 867 N.E.2d 811 (2007) stated, “Police reports with respect to prior conviction for assault and battery related to prior sexual offense, and thus, were admissible in proceedings to commit sex offender as sexually dangerous person; conviction for assault and battery was result of very beneficial plea bargain in proceedings in which sex offender had been charged with rape of child under 14 years of age.”

If you need legal counsel, then contact the Assault and Battery criminal lawyers at the law offices of SRIS Law Group, PC, to speak with a Assault and Battery criminal attorney in your area.

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Assault and Battery

 “A defendant may be convicted of assault and battery on an indictment which charges rape, because assault and battery is a lesser included offense.” Com. v. Starkus, 69 Mass. App. Ct. 326, 867 N.E.2d 811 (2007)

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Assault and Battery

“Assault and battery only requires proof of an intentional and unjustified touching, and whether the touching is sexual is irrelevant to proof of the crime.” Com. v. Starkus, 69 Mass. App. Ct. 326, 867 N.E.2d 811 (2007)

If you need legal counsel, then contact the Assault and Battery criminal lawyers at the law offices of SRIS Law Group, PC, to speak with a Assault and Battery criminal attorney in your area.

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“Assault and battery may be proved by the intentional commission of a wanton or reckless act, something more than gross negligence, causing physical or bodily injury to another.” Com. v. Starkus, 69 Mass. App. Ct. 326, 867 N.E.2d 811 (2007)

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“Defendant was convicted, upon a guilty plea, in the United States District Court for the District of Massachusetts, Patti B. Saris, J., for three counts of possessing with intent to distribute, and distributing crack cocaine. Defendant appealed, challenging his sentence.  The Court of Appeals, Stahl, Senior Circuit Judge, held that prior state court conviction for assault and battery on police officer qualified as predicate crime of violence, under career offender sentencing guideline, and prior conviction for simple assault and battery qualified as predicate crime of violence, under career offender guideline.” U.S. v. Santos, 363 F.3d 19 C.A.1 (Mass.), (2004)

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“Where the charging instruments are instructive on the issue of whether a predicate offense is a “crime of violence,” for purpose of career offender sentencing guideline, the Court of Appeals need not look further.” U.S. v. Santos, 363 F.3d 19 C.A.1 (Mass.), (2004)

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The court in U.S. v. Santos, 363 F.3d 19 C.A.1 (Mass.), (2004) observed, “Defendant’s prior Massachusetts conviction for simple assault and battery was a “crime of violence,” and thus qualified as predicate offense, under career offender sentencing guideline, even though Massachusetts assault and battery statute allowed a non-violent means of commission, where charging instruments alleged that defendant assaulted and beat his victims, and used a dangerous weapon in the assault against one victim.”

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In U.S. v. Santos, 363 F.3d 19 C.A.1 (Mass.), (2004) the court stated that with a prior simple assault and battery to which the defendant has pleaded guilty, it is necessary to look to the charging instruments to determine the nature of the offense, for purpose of determining whether offense qualifies as predicate offense under career offender sentencing guideline.

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The court in U.S. v. Santos, 363 F.3d 19 C.A.1 (Mass.), (2004) stated, “Defendant’s prior conviction for assault and battery on a police officer, in violation of Massachusetts statute, was a “crime of violence,” and thus qualified as predicate offense, under career offender sentencing guideline, regardless of statutory definition that allowed a non-violent means of commission, since any assault on police officer necessarily involved a serious potential risk of physical injury and violence.”

If you need legal counsel, then contact the Assault and Battery criminal lawyers at the law offices of SRIS Law Group, PC, to speak with a Assault and Battery criminal attorney in your area.

Assault and Battery criminal lawyer Attorney in Virginia Maryland Massachusetts

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