Violent crime allegations can expose a person to incarceration and other serious consequences. Winn Law, P.C. represents clients charged with assault, assault and battery, dangerous weapon offenses, and other violent crimes in Massachusetts District and Superior Courts. Attorney Patrick M. Winn is a former prosecutor and experienced trial attorney who has obtained not-guilty verdicts for clients facing serious violent-crime charges.

Assault & Violent Crime Defense in Massachusetts

Massachusetts prosecutes crimes of violence aggressively, but the term “violent crime” encompasses offenses with very different elements and circumstances.

Facing an assault or other violent-crime allegation? Call (857) 415-2415 for a free, confidential assessment, or send a message below.

Common charges include Assault and Battery, Assault and Battery by Means of Dangerous Weapon, Assault and Battery on a Police Officer, ‘Aggravated’ Assault and Battery, Assault and Battery Causing Serious Bodily Injury, and Murder.

The particular charge matters. Some offenses require proof of physical contact or injury, while an assault can be committed without any physical contact at all. Dangerous-weapon allegations can substantially increase the seriousness of an otherwise similar assault-and-battery case.

The defense should begin with the actual elements the Commonwealth must prove rather than simply accepting the way police characterized the incident.

Self-Defense

Many assault cases arise from a confrontation in which both sides used some degree of force. In those cases, one of the most important questions may be whether the accused was legally entitled to defend himself or another person.

Massachusetts law recognizes the right to use reasonable force in self-defense under appropriate circumstances. Whether self-defense applies depends on what occurred before and during the confrontation, including who initiated or escalated the encounter, what threat the defendant reasonably perceived, and whether the amount of force used was reasonable under the circumstances. In such cases, defendants may avail themselves of Massachusetts common law that instruct juries to acquit defendants who exercised valid self-defense.

When the evidence raises self-defense, the issue can fundamentally change the case. The Commonwealth may ultimately bear the burden of proving beyond a reasonable doubt that the defendant did not act in lawful self-defense.

Fifth Amendment Issues in Violent Crime Cases

Violent-crime cases frequently arise from confrontations in which more than one person may have engaged in criminal conduct. As a result, important witnesses—including the alleged victim—may have a Fifth Amendment privilege against self-incrimination.

That issue can have significant consequences for the prosecution. A witness cannot necessarily be compelled to give testimony that could expose the witness to criminal liability. In an assault case involving a mutual fight, for example, the alleged victim’s own conduct may create potential criminal exposure and a corresponding privilege against answering questions about the incident.

The availability of an important prosecution witness, the scope of any valid Fifth Amendment privilege, and whether the Commonwealth can prove its case without that testimony should therefore be examined carefully when defending a violent-crime charge.

Identification and Witness Credibility

In some violent-crime cases, the central issue is not whether an assault occurred but whether the Commonwealth can prove who committed it.

Eyewitness identification should not automatically be accepted as reliable simply because a witness expresses confidence. The circumstances under which the witness observed the incident, lighting, distance, duration, stress, prior familiarity, descriptions given to police, identification procedures, and inconsistencies between witnesses can all become important.

Video surveillance, photographs, cell-phone evidence, location information, and other evidence may corroborate—or contradict—a witness’s identification.

Cross-examination can be particularly important when the prosecution’s case depends primarily on eyewitness testimony.

Challenging the Commonwealth’s Evidence

Violent-crime prosecutions frequently depend on a combination of witness testimony, photographs, medical records, police observations, surveillance footage, statements attributed to the accused, and digital evidence.

Each category of evidence should be evaluated independently.

Statements may raise issues concerning Miranda warnings and whether an interrogation was custodial. Searches of a person, home, vehicle, or cell phone may raise issues under the Fourth Amendment and Article 14 of the Massachusetts Declaration of Rights. Medical evidence may establish that an injury occurred without necessarily proving who caused it or under what circumstances.

The existence of a serious injury does not relieve the Commonwealth of its burden to prove every element of the charged offense beyond a reasonable doubt.

Experience Defending Serious Violent Crime Cases

Attorney Winn has experience trying serious violent-crime cases before Massachusetts juries.

In one case, Attorney Winn represented a client charged with Assault, Assault and Battery by Means of a Dangerous Weapon, and Intimidation of a Witness. The Commonwealth alleged that the defendant lunged at another person with a knife, stabbed through the person’s backpack, and threatened him.

At trial, Attorney Winn cross-examined three prosecution witnesses and challenged their ability to reliably identify his client as the assailant. The jury returned not-guilty verdicts on all three charges.

That result illustrates an important point about violent-crime cases: the seriousness of an allegation does not establish the reliability of the evidence supporting it.

Every case requires an individual analysis of the witnesses, physical evidence, available video or digital evidence, possible defenses, and the Commonwealth’s ability to prove the identity and intent of the accused beyond a reasonable doubt.

Direct Representation by Attorney Patrick Winn

Winn Law is a solo criminal defense practice. Clients work directly with Attorney Winn in reviewing the evidence, developing the defense, litigating pretrial issues, preparing witnesses, and trying the case when necessary.

For a free and confidential consultation concerning an assault, dangerous weapon, or other violent-crime charge in Massachusetts, contact Winn Law, P.C. at (857) 415-2415.