Violent crimes are typically the most publicized in Massachusetts. Every day, the headlines of local newspapers and television and radio lead stories focus on violent crimes. The vicious nature of such offenses guarantee that prosecutors will treat these matters seriously. The penalties for convictions of violent crimes are often the most severe, resulting in lengthy prison sentences and sometimes life without the possibility of parole. That is why people accused of committing violent crimes in Massachusetts should hire only the most experienced and reputable defense attorneys. Kathleen McCarthy has handled violent crimes cases in Massachusetts for over 20 years with great success. She has prosecuted and defended these cases. As a former member of the Suffolk County District Attorney's Office Homicide Unit, Kathleen McCarthy knows how the prosecution and police will handle violent crimes. This knowledge gives her a distinct advantage defending people charged with violent crimes. She is quick to exploit this advantage, and she will aggressively defend your rights from the minute you hire her as your attorney.
Violent Crimes in Massachusetts
Lawyers who defendant people charged with violent crimes in Massachusetts should have experience with all kinds of violent offenses. A sampling of violent crimes Attorney Kathleen McCarthy has handled is:
- Assault and Battery
- Assault and Battery by Means of a Dangerous Weapon
- Unlawful Possession of a Firearm
- Armed Robbery
- Malicious Destruction of Property
- Home Invasion
- Attempted Murder
- Assault with Intent to Murder
- Assault with Intent to Kill
- Unlawful Sales of Firearms
- Assault with Intent to Rob
Depending on the situation, an experienced trial attorney develops a strategy to defend a case as early as possible. The key factors to consider are whether the facts of the case support a defense of misidentification, self-defense, defense of another or that the offense simply did not happen and the witnesses are being untruthful.
A defense of self-defense or defense of another is often appropriate when there was clearly an altercation between the parties and one of the two participants was arrested or charged with a crime. In this case, the background of the “complaining witness” should be investigated to determine whether he or she has been aggressive in the past. In certain situations, this type of evidence will be admissible in the event that the case goes to trial. Also, any injuries to the defendant and lack of injuries to the “complaining witness” will likely assist in defending this type of case
In Massachusetts, once the defendant raises the claim of self-defense, either through cross-examination or witness testimony, the burden then shifts to the Commonwealth to prove beyond a reasonable doubt that the defendant did not act in self-defense.
Raising a defense of “misidentification” is often appropriate when the defendant and the “complaining witness” do not know one another. In this type of case, the defense attorney’s goal is to attack the witness’ ability to observe what he or she claims to have seen. Questions are often framed focusing on the lack of lighting in the area, the short time span in which the witness had the opportunity to make observations, any alcohol that the witness consumed that would have affected his or her perception and any bias that the witness may have for the Commonwealth and against the defendant.
The defense of “it just did not happen” is employed in situations in which the “complaining witness” has a motive to create problems for the defendant. This may be the case in certain domestic assault and battery cases in which the parties are experiencing a contentious divorce or a custody battle. In these types of cases, it is imperative to get a thorough investigator to work as soon as possible so that all biases and motives to lie can be exposed.
If you or someone you know has been accused of committing one of these crimes or any other type of violent crime, you should call Attorney Kathleen McCarthy right now. She will not wait for the prosecution to strike. Her investigation and preparation of your defense starts the minute you hire her. Kathleen McCarthy works tirelessly for her clients to make sure that all aspects of your rights are protected. Do not wait. Call Massachusetts Criminal Defense Lawyer Kathleen McCarthy now at (978) 975-8060 or contact her online.