Boston, Massachusetts Violent Crimes Attorney
Seldom are violent crimes handled by the police in the manner portrayed in television dramas. Due to limited manpower and budget restrictions, police and prosecutors do not always pursue alternative suspects, verify alibis, or interview witnesses that could provide exculpatory testimony. As an experienced criminal defense attorney -- and former prosecutor -- Attorney Yannetti is well-equipped to put the prosecution on the defensive by identifying their failure to track down alternative suspects, pursue leads, and properly handle evidence.
Facing Charges for a Violent Crime
Attorney Yannetti represents clients charged with the following kinds of violent crime:
- Murder
- Assault and battery
- Aggravated assault
- Arson
- Mayhem
- Domestic Assault
- Road rage
- Armed robbery
- Kidnapping
- Extortion
- Car jacking
- Sexual assault / rape
- Affray / fighting in public
Assumptions and Cut Corners -- Why Few Cases are "Open and Shut"
Police investigators and prosecutors often work from the assumption that most victims of violent crimes know their attacker. As a result, early on in an investigation, attention is typically directed towards spouses, family members, friends, neighbors, romantic interests, and co-workers. Unfortunately, circumstantial evidence or a weak alibi can result in a rush to judgment when police and prosecutors are overburdened and don't have the time or resources needed to verify every bit of information or evidence.
As your lawyer, David R. Yannetti would team up with his own investigators, forensic experts, and lab specialists to review and discover the weaknesses and inconsistencies in the prosecution's version of events. Attorney Yannetti may expose evidence that contradicts the prosecution's theory, calling attention to corners that were cut in an investigation that should have been conducted differently. When your life or freedom are on the line, you need to retain an attorney who treats your case accordingly.
As a former prosecutor, Attorney Yannetti knows how police, investigators, and prosecutors think and operate. And while he is a very effective litigator, he also knows how to negotiate effectively to reduce the sentence or charges against a client, when doing so is in the client's best interests. In order to discuss your case and determine the best approach to challenge the charges against you, contact violent crimes defense attorney David R. Yannetti today.
Recent Violent Crime Cases:
August 11, 2010
June 22, 2010
Brookline District Court
Docket No. 0909-CR-0894
Client, a 27 year-old retail-store employee, was charged with Assault and Battery with a Dangerous Weapon, a felony. Another young man -- who was a medical school sudent in the middle of his residency -- reported to the police that Client had sucker-punched him and then kicked him multiple times after he fell to the ground. Client hired Atorney Yannetti, who spoke several times with the medical-school student while investigating this case. Today, on the trial date, Attorney Yannetti persuades the prosecutor and the judge to dismiss this case. Result: Case Dismissed.
Newton District Court
Docket No. 0912-CR-0842
Client, a 25 year-old real estate broker, was charged with Assault and Battery and Larceny over $250, a felony. Client allegedly attempted to steal expensive items from an upscale department store. When she was leaving the store and was confronted by security officers, she fought them -- and the fight was caught on video tape. Client hires Attorney Yannetti to try to preserve her clean criminal record. After several months of investigaton and negotiation, Attorney Yannetti today persuades the prosecutor and the judge to place Client on pre-trial probation. Client therefore admits to no wrongdoing and the case will be dismissed with no repercussions for Client's record as long Client performs 16 hours of community service. Result: Case Dismissed.
January 22, 2010
Boston Municipal Court
Central Division
Docket No. 0901-CR-5711
Client, a 21 year-old college student, was charged with Affray and Disorderly Conduct as a result of allegedly have been part of a group of young men who beat up a homeless man. The prosecutor was eager to convict Client when the case first arrived on his desk back in August. Today, after several months of investigation and negotiation, Attorney Yannetti persuades the prosecutor to recommend pre-trial probation. Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
October 23, 2009
Framingham Juvenile Court
Docket No. DL 09-F-0163
Client, a middle-school student, allegedly grabbed and pushed a 10 year-old fellow student at a bus stop. As a result, the boy suffered a broken bone in his arm, lost a tooth and chipped a second tooth. Client was therefore charged with assault and battery. Client's mother hired Attorney Yannetti to preserve Client's clean criminal record. Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation. Client therefore does not plead delinquent or guilty and admits to no wrongdoing. As long as he completes twenty hours of community service and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.
February 6, 2009
Framingham Juvenile Court
Docket No. DL-08-F-0842
Client, a junior high school student, was charged with assault and battery by means of a dangerous weapon, a felony, as a result of allegedly participating in a group beating of a fellow student on school grounds. Client's parents hired Attorney Yannetti, who, after months of negotiation, eventually persuades the prosecutor to drop the felony charge. Further, the prosecutor agrees to recommend a continuance-without-a-finding on a misdemeanor assault and battery charge. Over the prosecutor's objection, Attorney Yannetti then persuades the judge to order that Client's probation be "unsupervised," so that he does not need to report to the courthouse every month to check in with a probation officer -- and he does not need to pay the higher fees associated with supervised probation. Client needs only to perform 20 hours of community service and the case will be dismissed in six months. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
December 18, 2008
Boston Municipal Court
Roxbury Division
Docket No. 0802-CR-2838
Client, a college instructor, was charged with domestic assault and battery as a result of an alleged altercation with his fiancée. When the police arrived at their home in response to a 911 call at 3 a.m., Client's fiancée was sitting outside on the steps, barefoot with no jacket. She allegedly told the responding officers that Client had threatened her, choked her and thrown her against a wall. He then allegedly ordered her out of the apartment, throwing her clothing and cell phone on the ground in the process. The police later found the cell phone, in two pieces, inoperable. Client hired Attorney Yannetti, who today persuades the judge to dismiss the case over the prosecutor's objection. Result: Case Dismissed.
December 4, 2008
Newton District Court
Docket No. 0812-CR-0368
Client was charged with a felony -- assault by means of a dangerous weapon -- as a result of allegedly threatening his wife with a hammer and chasing her out of their home. In response to a 911 call, the police arrived to find Client's wife on the street with their young child. If convicted, Client faced the prospect of losing everything he had worked very hard to achieve -- his career and his residence in the U.S. Even a continuance-without-a-finding disposition would have subjected him to deportation to his native country. Client initially hired another attorney, who was not able to persuade the prosecutor to offer pre-trial probation -- a disposition that would require no admission of guilt from Client, and one which would result in the charge being dismissed. Client hired Attorney Yannetti to take the case to trial for him. Attorney Yannetti instead proposes creative conditions of probation that ultimately convince the district attorney's office to soften its stance on the case. Today, both the prosecutor and the judge agree to place Client on pre-trial probation. He admits to no wrongdoing and after two years -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for either Client's record or his immigration status. Result: Case Dismissed.
November 13, 2008
Boston Municipal Court
South Boston Division
Docket No. 0803-CR-0730
The prosecution alleged that Client had an argument one night with girlfriend, during which he allegedly grabbed her by the neck, threw her to the ground, choked her and threatened to kill her. In response to a 911 call, the police officers arrived and noticed red marks on his girlfriend's neck. Client had a previous felony on his record -- for assault and battery by means of a dangerous weapon -- which had been continued without a finding. As a result, he decided to retain Attorney Yannetti to pursue the best "deal" he could get regarding this new case. After a lengthy negotiation, the prosecutor would not budge from her recommendation of a guilty finding and a conviction for Client, in light of the facts as outlined above and Client's prior history. Nevertheless, Attorney Yannetti today persuades the judge to instead continue this case without a finding over the prosecutor's objection. As long as Client remains arrest-free, this case will be dismissed in one year. Result: Client Avoids a Criminal Conviction.
November 7, 2008
Peabody District Court
Clerk's Hearing
Client, a member of the armed services, faced an application for a complaint of assault and battery, which had been brought by his ex-girlfriend. When his ex-girlfriend had appeared at the police station, she had a black eye and red finger marks on her neck. She alleged that Client had choked her. Client hired Attorney Yannetti to investigate. Attorney Yannetti met in person with the investigating police detective and produced photographs and videotapes which contained exculpatory evidence. At the clerk's hearing on October 7, 2008, Attorney Yannetti convinced the assistant clerk magistrate that if a complaint were to issue against Client, a cross-complaint should also be issued against his ex-girlfriend. Both Client and his ex-girlfriend were scheduled to be arraigned today. Instead, over the course of the last month, Attorney Yannetti negotiated with the police and his ex-girlfriend's attorney to avoid having Client arraigned. Today, as a result of that successful negotiation, Client did not need to appear in court, and the application for complaint against him was dismissed prior to arraignment. Client completely avoids having an entry on his criminal record. Result: Application for Complaint Dismissed.
October 28, 2008
Quincy District Court
Docket No. 0856-CR-6986
Attorney Yannetti already represents Client, a 29 year-old college student, on a narcotics distribution case in Quincy District Court. With that case pending, Client was investigated this past weekend for an alleged domestic assault and battery involving his long-time girlfriend. After his girlfriend had called 911, the police arrived to find her bleeding from the nose, with apparent injuries to her face. The police therefore applied for a warrant for Client's arrest. Attorney Yannetti arrived at court with Client today, to surrender him to the warrant and have him arraigned on the new assault and battery complaint. The prosecutor formally asked the judge to revoke Client's bail as a result of the new case, and to hold him in custody for sixty days, until the pending narcotics case was resolved. Today, Attorney Yannetti persuades the judge not to revoke Client's bail, and instead to allow him to post further bail and remain free until both cases are resolved. Result: Client released on bail despite the new offense.
September 3, 2008
Cambridge District Court
Clerk's Hearing
Client, a recent high school graduate, allegedly attacked a fellow student during a foos-ball game at a school function. Client's parents hire Attorney Yannetti, who scheduled the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have his future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.
August 11, 2008
Springfield Superior Court
Docket No. 2006-1315
Client, a 26 year-old man, faced allegations that he and his co-defendant had robbed and shot a man on Christmas Day in 2003. Both were charged with armed robbery by means of a handgun, assault and battery by means of a dangerous weapon and assault by means of a dangerous weapon. Both also remained at-large for several years, with warrants outstanding for their arrest. When Client learned that the police were looking for him, he hired Attorney Yannetti. Attorney Yannetti negotiated with the prosecutor in order to arrange for client's surrender before the court in the summer of 2006. During the bail hearing at Client's arraignment, Attorney Yannetti succeeded in convincing the judge to allow Client to remain free on personal recognizance and also to return to his home state while the case was pending. On June 30, 2008, Client elected to admit to the indictments after having learned that the alleged victim appeared in court on the trial date, ready to testify to the robbery and shooting. Client's bail was therefore revoked and he was taken into custody. Today, Attorney Yannetti argues before the judge that Client should be released from custody and instead placed on probation. Result: Client given a "time-served" split sentence, whereby he is released from custody after spending 43 days in jail. Client is placed on probation for five years.
June 3, 2008
Boston Municipal Court
West Roxbury Division
Docket No. 0806-CR-0477
Client and his wife had an argument one night that allegedly turn physical. A neighbor called the police after allegedly hearing Client's wife scream several times in their apartment. When the police arrived, Client's wife told them that Client had struck her, thrown her against a closet door, and then unplugged the phone when she attempted to call the police. Client therefore was charged with assault and battery by means of a dangerous weapon, assault and battery, and intimidation of a witness. The prosecution initially was unwilling to drop the charges. Client therefore hired Attorney Yannetti, who prepared the case for trial. On the trial date, Attorney Yannetti convinces the prosecutor and the judge to dismiss the case after Client's wife elected to exercise her marital privilege. Result: Case Dismissed.
November 2, 2007
Framingham District Court
Docket No. 0749-CR-2687
Client, a 43 year-old local businessman, was charged with assault and battery by means of a dangerous weapon (a felony) and disorderly conduct as a result of a confrontation he allegedly had at a gas station in July. The police alleged that Client became angry when another customer cut in front of him in the gas line, that Client caused a scene, and that Client wound up pinning the other customer against his own car by striking him hard with the car door. Within days of the incident, Client hired Attorney Yannetti, who in turn sent out an investigator to uncover the true facts. Attorney Yannetti's investigator learned from eyewitnesses that the police version of events was in fact untrue, and that no assault and battery had taken place. Today, the prosecutor confirmed in open court that the alleged "victim" was never struck at all. The prosecutor therefore agreed to dismiss the ABDW charge. Regarding the disorderly person charge, the prosecutor recommends a year of probation with mandated anger-management counseling for Client. Attorney Yannetti objects. The judge then agrees to continue the disorderly charge without making a finding of guilty. Client only needs to pay $180.00 in court costs and the charge will be automatically dismissed in only two months time. Result: The most serious charge against Client is Dismissed, and Client Avoids a Criminal Conviction on the remaining charge -- which will also be Dismissed two months from now.
October 10, 2007
Boston Municipal Court
Central Division
Docket No. 0701-CR-3180
Client was charged with assault and battery on a police officer as a result of a bachelor party melee. The altercation began when Client's friend assaulted a woman. When the police were called to investigate, Client allegedly grabbed an officer's arm and took a swing at him. A 28 year-old accountant, Client had a lot to lose if he were to be convicted of such a serious crime. Over the course of five months, Attorney Yannetti negotiates with the prosecutor and the police officer involved in the altercation. Today, Attorney Yannetti finally succeeds in convincing the prosecutor to recommend pre-trial probation for Client, and the judge goes along with it. This means that Client does not admit to any crime, and instead needs only to perform community service and attend 10 AA meetings. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.
August 29, 2007
Brookline District Court
Docket No. 0709-CR-0492
Client, a 25 year-old foreign national in the U.S. on a visa and hoping eventually to obtain her green card, was charged with domestic assault and battery for allegedly hitting and scratching her husband after a verbal argument. When the police arrested her at her home, they noticed that her husband had scratches around his neck and a laceration on his left forehead. The prosecutor refused to dismiss the case at the pre-trial conference early this month, so Attorney Yannetti marked the case up for trial. Attorney Yannetti answers ready for trial today, after having independently investigated the case and having determined that the police and prosecutor have no forensic evidence, nor any independent witness to the alleged crime. Before trial begins, Attorney Yannetti moves to dismiss the case pursuant to the desires of the alleged victim. Result: Case Dismissed.
July 25, 2007
Boston Municipal Court
Brighton Division
Docket No. 0608-CR-1706
Client, a college student, was charged with assault and battery and civil rights violations for a publicized alleged attack on an African-American law student, as a result of which the law student was injured. Attorney Yannetti negotiates with the alleged victim's attorney, the assistant district attorney and the investigating police department until an agreement is reached. Today, an "accord and satisfaction" is filed with the court, and all of the very serious charges pending against Client are dismissed. Result: Case Dismissed.
July 20, 2007
Quincy District Court
Docket No. 0756-CR-0888
Client, a 29 year-old local man, was charged with assault and battery, intimidation of a witness and malicious destruction of property as a result of a bad break-up with his live-in girlfriend. He allegedly attacked her in a parking lot, grabbed her cell phone and smashed it on the ground when she tried to call the police, then destroyed her furniture and personal belongings in their apartment. After several months and several court dates, Attorney Yannetti first convinces the district attorney's office to dismiss both the assault and battery and intimidation of a witness charges. Then today, Attorney Yannetti convinces the judge -- over the prosecutor's objection -- to continue the remaining charge without making a finding for six months, with unsupervised probation. Client only needs to stay away from his ex-girlfriend, pay restitution for the damage personal property, stay out of further trouble and pay about $200 in court costs. The remaining charge will then be dismissed as well. Result: Client has the two most serious charges dismissed outright, and avoids a criminal conviction on the remaining charge.
July 16, 2007
Suffolk Superior Court
Docket No. 2002-1326
Client, a 41 year-old man with a long criminal record, was held in jail without bail since May. Client had been placed on probation back in 2003 with a 2 ½ year suspended sentence hanging over his head -- then failed to report to his probation officer and did not comply with any of the terms of his probation. While on probation, Client was arrested for a new 2nd-offense OUI case, and then was arrested again for an assault and battery case in which the police allege that Client had broken his girlfriend's leg. Client retained Attorney Yannetti in a desperate attempt to be released on bail until his probation surrender hearing -- which is only eleven days away. Today, Attorney Yannetti convinces a Suffolk Superior Court judge to release client on cash bail, with the stipulation that he wear an electronic bracelet and report to this probation surrender hearing as scheduled. Result: Client released on bail.
June 13, 2007
Boston Municipal Court
Central Division
Docket No. 0101-CR-0771
Client, a 45 year-old man with a long criminal record, was previously represented by another lawyer when he pled guilty to a felony charge of assault and battery by means of a dangerous weapon. Client was placed on probation at that time, with a 2 ½ year suspended sentence hanging over his head. While on probation, Client failed to provide a DNA sample, required of those who have been convicted of a felony. As a result, his probation was not terminated as scheduled. Client then was arrested for a new domestic assault and battery case where the police allege that he bloodied his girlfriend's mouth. Client was also arrested for an unrelated felony larceny case, where the police allege that he stole over $50,000 from an elderly couple. Client then hired Attorney Yannetti, who worked with the State Police and the Suffolk County Jail to allow Client to belatedly provide the required DNA sample. Today, Attorney Yannetti convinces Client's probation officer and the judge not to impose the 2 ½ year suspended sentence that Client was facing. Instead, Client's probation is terminated today and he avoids having to serve any time in jail despite the two new arrests. Result: Probation terminated and Client is discharged from further probation.
May 18, 2007
Framingham District Court
Docket No. 0149-CR-3137
Six years ago, Client was a troubled man in his early 20's with a serious drug and alcohol problem. He was on probation in the Uxbridge District Court, having previously pled guilty to larceny of a motor vehicle, resisting arrest and carrying a dangerous weapon. He was also on probation in the Newburyport District Court for a malicious destruction of property conviction. While on probation in both courts, he was then re-arrested for assault and battery on a police officer, carrying a dangerous weapon, and breaking and entering into a home in Hopkinton. He was also charged with resisting arrest because he allegedly struggled and spit blood into the face of the police officer instead of complying. Client never appeared in Framingham District Court to answer for that new case. For the past six years, there have been warrants outstanding for Client's arrest in all three courts and he has been "on the run." In the fall of 2006, having cleaned up his act, dealt with his drug and alcohol issues and simply "grown up," Client contacts Attorney Yannetti. Recognizing that he had clearly violated his probation in two courts by getting re-arrested and failing to comply with any of the terms of his probation, Client realized that he was facing prison time. Client was rightly concerned that he might have to serve several years in jail. Attorney Yannetti, however, negotiates a three-way agreement with Client's probation officers in Uxbridge and Newburyport, as well as with the district attorney's office in Framingham. Result: Client resolves all three outstanding cases for a concurrent six-month house-of-correction sentence, and with time off for good behavior, Client may be released as early as August.
April 25, 2007
Brookline District Court
Docket No. 0609-CR-0907
Client was charged with assault by means of a dangerous weapon and reckless operation of a motor vehicle as a result of an alleged "road rage" incident. Attorney Yannetti filed a motion to suppress statements that Client had allegedly made to the police without having been advised of his Miranda rights and without having had the interrogation videotaped. Today, when his motion to suppress was scheduled for a hearing, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
January 12, 2007
Boston Municipal Court
West Roxbury Division
Docket No. 0606-CR-3802
Client was charged with assault and battery on a police officer for allegedly interfering with the arrest of her nephew. At the pre-trial hearing today, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.
