VIOLENT CRIMES

Trusted Counsel

There are several different violent crimes prosecuted in Massachusetts including murder, armed assault to murder and armed burglary. The most common violent crime prosecutions are simple assault, assault and battery, domestic assault and battery, and assault and battery with a dangerous weapon. To prove assault and battery, the Commonwealth must show, First: That the defendant touched the person of the alleged victim; Second: That the defendant intended to touch the alleged victim; and Third: That the touching was either likely to cause bodily harm to the alleged victim, or was offensive. See Commonwealth v. Ford, 424 Mass. 709, 711 (1997) (assault and battery is a general intent crime and does not require specific intent to injure the victim). There is a second way the Commonwealth may prove assault and battery. Instead of intentional conduct, it involves reckless conduct that results in bodily injury. See Commonwealth v. Burno, 396 Mass. 622, 625-627 (1986) (“the intentional commission of a wanton or reckless act causing physical or bodily injury to another”).

Under the Sixth Amendment to the United States Constitution and Article XII of the Massachusetts Declaration of Rights, a criminal defendant has the right to confront his or her accuser. This is done through cross-examination. Cross-examination is the time tested method for a defendant to challenge the allegations against them, and to clear their name of wrongful charges. Adept cross-examination is the product of comprehensive preparation; there are no short cuts. And thus, a successful defense will often come down to skilled cross-examination. Gioia Law prides itself on its attorneys’ dedication to the art of cross examination and its attorneys’ ability to advocate for its clients in the courtroom through skilled cross examination. Contact Gioia Law today for trusted counsel you can depend on.