The Lowell Sun recently reported that the police responded to downtown Lowell after receiving a report that an intoxicated customer at the new Village Smokehouse located at 98 Middle Street flashed a gun.
At approximately 10 p.m. a priority call dispatched cruisers to the downtown area and police spotted the intoxicated culprit walking down the streets with the gun in his hand. He was detained and arrested following an identification procedure. After confiscating the weapon, it was determined that it was a BB gun. The Sun reports that Eric Burke of Burlington was charged with assault with a dangerous weapon.
In Massachusetts, the potential penalty for a conviction for assault by means of a dangerous weapon is a maximum of five years in state prison or two and one half years in jail. There is no mandatory minimum for this charge therefore, in certain circumstances a case of this type can be disposed of without the defendant receiving a committed sentence.
The government can prove the crime of assault under two theories. The Commonwealth can prove the crime by either proving an attempted battery or by proving an imminently threatened battery. Intent to put another in fear or apprehension is element of immediate threatened battery category of criminal assault. Additionally, if an individual commits an act that places another in reasonable apprehension that force may be used he or she may be charged with this crime.
If you have been charged with assault, assault and battery, assault and battery by means of a dangerous weapon or any other crime, you must contact an experienced criminal trial attorney as soon as possible. Depending on the facts of the case the defenses of self-defense, mistaken identity or accident may be applicable.
Attorney Kathleen McCarthy has over twenty years experience with criminal law. She has successfully defended clients at trial and in post conviction proceedings. If you have been charged with a crime contact Attorney McCarthy at 978-975-8060 or online and she will get to work on your case immediately.