Assault and Battery with a Dangerous Weapon

October, 2018

Lowell criminal defense attorney Ryan Sullivan recently represented a young man who was charged with committing an assault and battery with a dangerous weapon in the Lowell District Court. The case was prosecuted by the Middlesex District Attorney’s Office and investigated by the Chelmsford Police Department.

Allegations

According to the police reports submitted in Court, a Chelmsford Police officer was dispatched to a mechanics garage for a minor motor vehicle crash. When he arrived he saw that two men were being separated by a group of other men and that one of the men had blood on his head and hands. The bloodied man claimed that Attorney Sullivan’s client had struck him in the head with a fire extinguisher after the two had exchanged punches following the minor collision.

The police spoke to the client who told them that the other man was grabbing him by the neck and he used the extinguisher in self-defense.

Police noticed there was very little (if any) damage to the trucks, and were unable to get a statement from the bloodied man who was transported to the hospital.

Punishment

The charge of assault and battery with a dangerous weapon is a felony in Massachusetts, which in the Lowell District Court can be punished by up to two and a half years in jail.

Trial

After a thorough investigation and considerable preparation, the case proceeded to trial. At the trial, Attorney Sullivan attacked the credibility of the “victim,” who changed his story considerably when testifying, tried to refuse to answer several questions, and was caught in several blatant lies as a result of his desire for carrying out a personal vendetta. What Attorney Sullivan was able to elicit was that these two men were business competitors: a fact that was never told to the police during their investigation. Further, the man claimed that he had provided documents and evidence to the police — which was revealed to be yet another lie told by this person.

After successfully cross-examining the victim during the course of the trial, Attorney Sullivan was able to present evidence through the police officer about the statements and favorable evidence from Attorney Sullivan’s client to show that it was clear this was done in self defense.

Result

Attorney Sullivan’s client was found not guilty at trial. He continues to have a clear record, can go on with his life, and continues to celebrate this positive result from a bad chapter in his life.

Takeaways

The strategy taken by Lowell assault and battery defense attorney Ryan Sullivan was to review the report, speak to witnesses, and go over potential defense testimony at length. Just a quick glance at the police report showed that the prosecutors were intending to claim that the client used excessive or unreasonable force to defend himself in this case. After being able to elicit the helpful points and point out the flaws in this theory, it was no surprise that the case ended in an outright acquittal and a very happy client.