Proven track record of defeating violent crimes at trial.
Violent crimes are prosecuted aggressively in Massachusetts, and those who stand accused risk a number of serious consequences. The most common types of violent crime in Massachusetts are: 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. Threats and Assault are also considered violent crimes—although they contain no element of physical contact.
There are many angles to attack the prosecution’s case with it comes to crimes of violence. Many of these incidents involve some sort of mutual struggle. In such cases, defendants may avail themselves of Massachusetts common law that instruct juries to acquit defendants who exercised valid self-defense. In addition, the alleged victim often has a Fifth Amendment privilege not to testify, based on the prospect of that alleged victim implicating himself in a crime (like assault and battery) if he is forced to take the stand.
In a recent case, Attorney Winn defended a client charged with Assault, Assault and Battery by Means of a Dangerous Weapon, and Intimidation of a Witness. The state alleged the defendant lunged at an individual with a knife, stabbed him through his backpack, and told him not to return to Cambridge. At trial, Attorney Winn was able to successfully cross-examine three government witness and seriously undermine their assertion that they could validly identify the assailant. After a short period of deliberation, the jury returned verdicts of not guilty on all three counts.
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