July 17, 2012

• Steven Topazio wrote this April 27, 2014 at 6:02 pm

The client, a 32 year old businessman, who was on probation, was arrested after jumping onto the hood and roof of a motor vehicle damaging it after police observed the client scratch a lottery ticket and scream into the air “YEEESSSS!!!!” The police asked the client how much he won on the scratch ticket then arrested him after they observed a large dent on the vehicle. After being arrested the client was found to be in the possession of Marijuana. Boston Criminal Defense Attorney argued that the client could not be found guilty of malicious destruction of property as the Commonwealth could not prove that the client acted willfully and with malice as required by statute when the car was damaged, and thus could not be convicted. An act is willful if it is done intentionally and by design, in contrast to an act which is done thoughtlessly or accidently. An act is done with malice if it is done out of cruelty, hostility, or revenge. Celebrating after winning a scratch ticket and then damaging the automobile is wanton behavior. An act of destruction is “wanton” if the person was reckless or indifferent to the fact that his conduct would probably cause substantial damage. Someone acts “wantonly” when he consciously disregards, or is indifferent to, an immediate danger of substantial harm to other people or their property. Today at trial, Attorney Topazio convinced the court to dismiss all charges against his client and caused probation to withdraw the probation violation notice.