Kidnapping and other crimes against a person are extremely serious offenses under Massachusetts law. Sometimes, these incidents involve other crimes as well, such as the unauthorized taking of property or the use or sale of illegal or controlled substances. While these crimes are consequential legal matters individually, they can result in even more serious criminal consequences when they occur as part of the same incident or event. A judge will often consider a defendant accused of multiple crimes particularly dangerous, and impose a particularly harsh sentence if he or she is adjudicated guilty. Similarly, people accused of these types of criminal incidents may be denied bond prior standing trial, or the judge may set the bond particularly high.
A client represented by Boston criminal defense attorney Edward Molari found himself in exactly this situation. According to a report filed by the Taunton Gazette, 28-year-old Adynew Alves of West Roxbury is accused of kidnapping, armed assault, and assault and battery in connection with an incident involving a woman who he claims stole three bottles of Percoset, a prescription pain killer. According to the Bristol County District Attorney Erin Aiello, Alves took the victim to the home of a co-defendant and accused her of stealing Percoset. He then forced the victim into the truck of the car and drove away. Aiello further indicated that multiple witnesses saw the victim escape from the trunk of a moving vehicle on southbound Route 24. Alves’s bond was set at $500,000, and he is due in court on November 4, 2014 for a probable cause hearing.
Fortunately for people accused of crimes, there are often a variety of defenses available that can cast doubt on one’s guilt. For example, in Alves’s case, Mr. Molari pointed out that he has no prior convictions, and that no firearm was recovered in connection with the alleged kidnapping. As this is an ongoing case, the defense or defenses raised remain to be seen. Generally speaking, some of the more commonly raised defenses in criminal cases include the following:
· Alibi – An alibi defense involves arguing that the defendant was in a different place at the time that the alleged crime was committed, making impossible for the defendant commit the crime;
· Duress – The defense of duress arises when a defendant introduces evidence that he or she was compelled to commit a crime because of someone else’s threats or coercion;
· Self-defense – Under Massachusetts law, people may use force to protect themselves from others if they reasonably believe that they were or were about to be attacked and their safety was in danger. The defendant must have done everything reasonable in the circumstances to avoid physical combat before resorting to the use of force in self-defense, and the force used must not be more than is reasonably necessary under the circumstances;
· Mistaken identity – As one would imagine, the defense of mistaken identity involves introducing evidence that someone other than the defendant committed the alleged crime.
Contact a Massachusetts Criminal Defense Attorney Today for a Free Consultation
Criminal defense lawyer Edward Molari is dedicated to helping people accused of crimes in and around the Boston area. To schedule a free consultation, call our office today at (617) 942-1532.