April 11, 2013

• Steven Topazio wrote this May 4, 2014 at 6:01 pm

The client, a 20 year high school student, was arrested after an individual he was with on a bus got off the bus and stabbed another individual during a fight, was represented by Boston Criminal Defense Attorney Steven J. Topazio. According to the police report, the police were dispatched for a report of a stabbing at Boston Medical Center. The report states that a third party had an argument with the victim and then exited a bus he was on with the client, and then stabbed the victim. According to the police report, the client did not get off the bus until the next bus stop, but then ran towards the fighting parties. The police report states that the client was identified “as being present and who were the individuals chasing them as they made their way into the hospital.” The police report did not indicate that the police observed the client commit any stabbing nor indicated that the client knew that third party possessed a dangerous weapon (a knife) or was going to stab the victim. Attorney Topazio argued that it is clear from the facts that the defendant did not stab the victim. Attorney Topazio argued that the Commonwealth them must establish that the defendant acted as a joint venture in order to be found guilty. In Massachusetts, a person may be found guilty of Assault and Battery with Dangerous Weapon in violation of M.G.L. c. 265 § 15A and Assault with a Dangerous Weapon in violation of M.G.L. c. 265 § 15B even if he did not personally do the act, but instead was present at the scene of a crime, and aided and abetted its commission as part of a joint venture with the third party. Attorney Topazio argued that the offenses were not part of a criminal enterprise. The client possessed no weapons. No evidence suggested that the client knew that the third party possessed a knife. Attorney Topazio argued that his client could not possess the necessary intent for a joint venture since the client did not know what was going on or participated actively in the crime. The court agreed with Attorney Topazio that the client did not associate himself with the joint venture as he was on a bus when the stabbing occurred. Attorney Topazio persuaded the court that the attack in this case was not planned but rather spontaneous and that the client did not participate in the physical acts which make up the crime but only came upon the scene after the attack occurred. Attorney Topazio was able to convince the court to reduce the charges to simple assault, in violation of MGL c. 265 § 13A, and his client accepted a sentence of nine months’ probation.