Violent Crimes Overview

Boston Violent Crimes Defense Attorneys

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 or disprove alibis, or interview witnesses who could provide exculpatory testimony. As experienced Boston violent crimes defense lawyers − and former prosecutors − attorney Yannetti and his associates are well-equipped to put the prosecution on the defensive by identifying and exploiting their failure to track down alternative suspects, pursue leads and properly handle evidence.

Contact Boston violent crimes lawyer David R. Yannetti and his colleagues at the Yannetti Criminal Defense Law Firm today for a free phone consultation. With many years of experience, we are truly seasoned Massachusetts criminal defense attorneys that you can trust to handle your case correctly and give you the proper advice.

Facing Charges for a Violent Crime

Attorney Yannetti and his associates represent clients charged with the following kinds of violent crime:

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 focused on 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.

Suffolk County Assault Defense Attorney

As your lawyers, David R. Yannetti and his associates may team up with our own investigators, forensic experts, and lab specialists to review and discover the weaknesses and inconsistencies in the prosecution's version of events. Our attorneys 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 is on the line, you need to retain an attorney who treats your case accordingly.

Call For A Free Consultation With A Suffolk County Assault Defense Lawyer

If you have been charged with assault or another crime of violence, we can help. Contact a Boston violent crimes defense attorney online or call 617-338-6006 for a free phone consultation.

Recent Violent Crime Cases:

November 2, 2012

Brookline District Court
Clerk's Hearing
Client, a nationally renowned physician, was accused of Assault and Battery by a lab technician working in his building. That lab technician reported to the police that Client pushed her into a wall after she had told him that she could not perform some blood work that he had requested from her. Client hired the Yannetti Criminal Defense Law Firm to represent him. Attorney Greg L. Johnson succeeded in delaying the clerk's hearing date so that a critical defense witness could appear to testify for Client. Today, at the rescheduled clerk's hearing, Attorney Johnson persuades the clerk magistrate that there was no probable cause to issue the complaint. Client's clean criminal record and pristine professional reputation are both preserved. Result: Application for Complaint Dismissed.

October 31, 2012
Lawrence District Court
Docket No. 1118-CR-5362
Client, a 44 year-old laborer, was arrested for Assault and Battery by means of a Dangerous Weapon and Violation of Civil Rights, both felonies. The police alleged that Client had gotten into a dispute over a parking space and had intentionally hit a stranger's car while calling him derogatory names. Client hired the Yannetti Criminal Defense Law Firm to represent him before his arraignment date. on his first court appearance, Attorney Greg L. Johnson persuaded the prosecutor to dismiss the civil rights violation charge prior to arraignment -- so that charge will never appear on Client's criminal record. Attorney Johnson then made seven court appearances with Client, filed and litigated discovery motions and filed a "Rule 17" motion for access to the alleged victim's insurance records. Attorney Johnson also thoroughly investigated the alleged victim and presented the prosecution with evidence and many unsavory details that damaged the alleged victim's credibility. Today, Attorney Johnson persuades the prosecutor and the judge to dismiss the remaining charge. Result: Case Dismissed.

October 25, 2012
Cambridge District Court
Docket No. 1252-CR-0319
Client, an accomplished scientist, was arrested for Malicious Damage to a Motor Vehicle and Assault by means of a Dangerous Weapon, both felonies. The police alleged that Client had assaulted a garage attendant with a bicycle lock and intentionally dented the side of a car occupied by a married couple. Client hired the Yannetti Criminal Defense Law Firm to represent him. Attorney Greg Johnson secured Client's release at arraignment without the necessity of Client posting any bail. Attorney Johnson then investigated the case and unearthed exculpatory evidence, demonstrating that Client had been biking when he was run off the road the road by the driver of the damaged car. Today, Attorney Johnson persuades the prosecutor to agree to pre-trial probation on both charges. As a result, Client admits to no wrongdoing and retains the presumption of innocence. As long as Client pays a small amount of restitution for the damage to the married couple's car, this case will be dismissed in nine months. Result: Case Dismissed.

October 5, 2012
Boston Municipal Court
Roxbury Division
Docket No. 1102-CR-1497
Client, a 37 year-old highly respected medical doctor, was arrested for Domestic Assault and Battery. His wife had called 911 and reported to the police that Client had choked her and pushed her to the ground while she was pregnant. She produced photos showing bruising to her arms. Client immediately retained the Yannetti Criminal Defense Law Firm to represent him. Attorney David Yannetti appeared at Client's arraignment and immediately secured his release from custody. Attorney Yannetti then spent several months investigating and preparing this case for trial. Client's wife was very anxious to see Client convicted, so that she could gain the upper hand in divorce proceedings, and so she could obtain benefits in immigration court pursuant to the Violence Against Women Act (VAWA). If Client were to lose the trial, moreover, his career as a physician would be in grave danger. Attorney Yannetti retained an expert in immigration fraud to testify on Client's behalf. The trial lasted three days, during which Attorney Yannetti conducted a devastating cross-examination of Client's wife -- and exposed multiple lies on her part. Today, Attorney Yannetti achieved a "Not Guilty" verdict for Client. Result: Not Guilty Verdict After Trial.

September 27, 2012
Boston Municipal Court
Central Division
Docket No. 1001-JC-0489-2
Client, a 39 year-old union technician, was arrested for Carrying a Firearm -- under G.L. chapter 269, section 10(a) -- and Possession of Ammunition. The police alleged that a concerned citizen had called 911 to report that someone was waving around a gun in her neighborhood. When the police arrived, Client matched the physical description of the gunman and was wearing identical clothing. Client was highly intoxicated and a firearm was found in the area where he was standing. Client also had a bullet in his pocket that was the same caliber as the recovered firearm. Client has four children, including two twin baby boys. He was supporting his entire family, so he stood to lose everything if convicted of the Carrying a Firearm charge (which would have led to a minimum mandatory 18-month committed house-of-correction sentence). Client hired the Yannetti Criminal Defense Law Firm to represent him. For over two years, Attorney David Yannetti fought to keep Client out of jail by conducting discovery, arguing a motion to suppress evidence and preparing the case for trial. Eventually, Attorney Yannetti persuaded the prosecutor that the lead charge should be reduced to Possession of a Firearm -- under G.L. chapter 269, section 10(h) -- which is a misdemeanor. Today, as a part of a crucial plea bargain, Client receives concurrent suspended sentences on the reduced firearm charge and the ammunition charge. As long as Client undergoes alcohol treatment and stays out of trouble for three years, his probation will be terminated without his having to serve even one day in jail. Result: Client Avoids Felony Charge, Avoids Minimum Mandatory Prison Sentence and Is Placed on Probation.

September 21, 2012

Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 42 year-old businessman, faced a litany of potential charges, including Indecent Exposure, three counts of Assault and Battery, Larceny, Disorderly Conduct and Trespassing. The police alleged that Client -- in town for business -- first became highly intoxicated at a restaurant/nightclub, then became highly combative. Client allegedly screamed and swore at other patrons and security personnel. When he was asked to leave, Client allegedly stole food, drew attention to himself and then unzipped his pants to expose his penis to everyone. When the police were called, the officers had difficulty placing him in handcuffs while Client screamed and struggled with them. Needless to say, Client was in a lot of trouble, so he hired the Yannetti Criminal Defense Law Firm to try to get him out of it. Attorney Yannetti confers with the arresting police officer and then today, at the clerk's hearing, Attorney Yannetti persuades the clerk magistrate that no complaint should issue. As long as Client refrains from getting re-arrested within the next year, this case will be dismissed and never appear on Client's criminal record or in any background check. Result: Application for Complaint Dismissed.

September 13, 2012

Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 42 year-old consultant suffering from depression, received a "wellness" check from the police one night because his family and friends were concerned for him. The police alleged that when he was subsequently brought to the hospital, he physically fought with staff, assaulted security personnel and had to be restrained. As a result, he faced a potential complaint for Assault and Battery. Client's family hired the Yannetti Criminal Defense Law Firm to work to preserve client's clean criminal record. At the magistrate's hearing today, Attorney David Yannetti persuades the police, hospital personnel and the assistant clerk magistrate not to allow a criminal prosecution to proceed. Instead, the case will remain at the clerk magistrate's level and will be dismissed in six months. Result: Application for Complaint Dismissed.

September 5, 2012
Lynn District Court
Clerk's Hearing
Client, a 28 year-old laborer, faced a potential complaint for Assault and Battery. His landlord alleged that Client had attacked him during an argument about the noise level coming from Client's apartment one night. Client hired the Yannetti Criminal Defense Law Firm to represent him. Today, at the clerk's hearing, Attorney Tanis Yannetti persuades the assistant clerk magistrate that no complaint should issue against Client. This case, therefore, will never appear on Client's criminal record. Result: Application for Complaint Dismissed.

June 25, 2012
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a financial professional and a 10-year military veteran, faced a potential complaint for Assault and Battery The police alleged that Client had punched another man in the nose during a dispute at a bar one night. Despite having allegedly caused injuries and a bloody scene, Client avoided being arrested. When he received a summons to appear at a clerk's hearing, however, he hired the Yannetti Criminal Defense Law Firm to represent him. Attorney Greg L. Johnson took control of the case and successfully delayed the hearing date in order to begin negotiating with the injured man's attorney. Ultimately, Attorney Johnson was able to persuade the alleged victim to accept a small monetary settlement instead of pursuing a criminal complaint against Client. Today, appearing with Client at the clerk's hearing, Attorney Johnson persuades the police and assistant clerk magistrate that no complaint should issue. Client therefore maintains a perfect record despite the existence of many witnesses to the alleged altercation. Result: Application for Complaint Denied.

June 15, 2012
Boston Municipal Court
South Boston Division
Docket No. 1203-CR-0145
Client, a 31 year-old medical student, was arrested one night for Assault, Assault and Battery, Resisting Arrest, Disturbing the Peace and a False Fire Alarm. The police alleged that Client, while drunk, was accosting waitresses in a restaurant/bar. When security personnel attempted to escort him from the establishment, Client allegedly punched a staff member in the face and pulled the fire alarm. Client also allegedly struggled with the police and tried to punch an officer as well. Client, in danger of losing his residency, hired the Yannetti Criminal Defense Firm to represent him. Today, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation for three months. As long as Client pays $1,400.00 in restitution to the City of Boston for the fire-alarm response, this case will be dismissed with no repercussions to Client's record or future. Client retains the presumption of innocence. Result: Case Dismissed.

June 14, 2012
Quincy District Court
Docket No. 1156-CR-5464
Client, a 35 year-old sports professional, was arrested for Domestic Assault and Battery. The police alleged that Client, while under the influence of alcohol, grabbed his girlfriend by the wrist and squeezed it in an aggressive manner during an argument over finances one night. Client hired the Yannetti Criminal Defense Law Firm to represent him. Yesterday, Attorney David Yannetti persuaded the assistant district attorney that this case should be dismissed -- and today, the judge agrees to dismiss the case. Client, an immigrant in the U.S. on a visa, will not face any adverse immigration consequences as a result. Result: Case Dismissed.

June 11, 2012
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 21 year-old university student nearing graduation, faced a potential complaint for Assault and Battery. The police alleged that Client got into an argument with a former friend at a bar, during which Client slapped her twice and punched her once -- causing her to suffer a bloody nose. If the complaint were to issue, Client would have an entry on her criminal record while pursuing her career. Client's mother hired the Yannetti Criminal Defense Law Firm to represent her. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades the police, the alleged victim and the assistant clerk magistrate that no complaint should issue against Client. Client needs only to refrain from having further contact with the alleged victim for one year and the complaint will be permanently dismissed. Result: Application for Complaint Dismissed.

May 25, 2012
Cambridge District Court
Clerk's Hearing
Client, a 26 year-old financial administrator, faced a potential complaint for Assault and Battery. The police alleged that Client punched a doorman in the face when he was attempting to eject Client from the establishment. The police officer noted in his report that Client was highly intoxicated and combative at the time. Client hired Attorney David Yannetti to represent him. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades the assistant clerk magistrate and the police officer that no complaint should issue. As a result, Client maintains a clean criminal record and this case will not appear in any background check. Result: Application for Complaint Dismissed.

May 22, 2012

Somerville District Court
Docket Nos. 0910-CR-1703 and 0910-CR-2780
Client, a 28 year-old recovering addict, was charged with Larceny over $250, Assault and Battery, Possession with Intent to Distribute a Class A Substance (Heroin) and Possession of Heroin. Following his arrest on these charges in 2009, Client pled guilty to a series of burglaries in New Hampshire and received a three-to-six-year N.H. prison sentence. When he began serving those sentences, Client learned that the open cases here in Massachusetts could delay his parole eligibility in New Hampshire. Client therefore hired the Yannetti Criminal Defense Law Firm to represent him in March of 2011, with Attorney Greg L. Johnson being assigned to the cases. Attorney Johnson immediately filed a motion for speedy trial on his MA cases. The Somerville District Court judge allowed the motion. One year later, Attorney Johnson filed a motion to dismiss the cases. Today, Attorney Johnson persuades the judge to allow the motion to dismiss -- over the objection of the prosecutor. As a result, Client will obtain an early parole date on his NH sentence and will never have to face prosecution for the MA offenses. Result: Case Dismissed.

May 21, 2012

Framingham Juvenile Court
Docket No. DL-10F-0721
Client, a 16 year-old drug-addicted girl, was charged with Assault and Battery by means of a Dangerous Weapon and Assault and Battery. The police alleged that during an argument with her stepfather over the use of her cell phone, Client began punching and striking him. Client's stepfather allegedly suffered a laceration on his hand as a result. Client's mother hired the Yannetti Criminal Defense Firm to represent her. Attorney David R. Yannetti first investigated then delayed the case for 18 months, in order to give Client a chance to straighten out her life. After attending a "wilderness" program, Client entered a therapeutic school in another state, where she thrived. Today, Client stood before the court clean and sober, with a transcript reflecting the straight-A's she had achieved over the past year. Attorney Yannetti persuades the judge to dismiss both charges. Result: Case Dismissed.

May 4, 2012
Boston Municipal Court
Central Division
Docket No. 1101-CR-1582
Client, a 28 year-old software engineer, was arrested for two counts of Assault and Battery on a Police Officer and one count of Resisting Arrest. The police alleged that Client became intoxicated and unruly at a Bruins game one night. When the police attempted to escort him from the building, he struggled and fought them for several minutes. One of the arresting officers suffered a serious back injury as a result, which required him to miss approximately one year of work. Client hired Attorney Yannetti to represent him. After several months of negotiation with the prosecutor, Attorney Yannetti personally met with the injured officer. Today, after scheduling the case for trial, Attorney Yannetti persuades the prosecutor and the judge to continue this case without a finding of guilty. Client must complete 50 hours of community service in a rehab facility and must write a letter of apology to the officers. This case will then be dismissed in 18 months and will be eligible for sealing. Result: Case Dismissed.

April 18, 2012
Boston Municipal Court
Brighton Division
Docket No. 1208-CR-0343
Client, a 20 year-old college student, was arrested for Assault and Battery on a Police Officer, Larceny over $250 (a felony) and Disorderly Person. The police alleged that Client and a friend, while intoxicated one night, tried to steal a rug from the police station. When apprehended, Client allegedly struggled with police officers. Client's family hired Attorney Tanis Yannetti to represent him. At his scheduled arraignment, Attorney Yannetti persuades the judge to postpone the arraignment for a day in order to give Attorney Yannetti a chance to negotiate with the prosecutor. Today, Attorney Yannetti persuades the prosecutor and the judge to dismiss the more serious charges -- ABPO and Grand Larceny -- prior to arraignment. Those charges will never appear on Client's criminal record. The misdemeanor Disorderly Conduct charge is also dismissed, upon the performance of 25 hours of community service. Result: Case Dismissed.

April 5, 2012
Boston Municipal Court
Brighton Division
Docket No. 1108-CR-1752
Client, a 22 year-old university senior, was arrested for two counts of Assault & Battery upon a Police Officer. The police alleged that they were called to the university cafeteria because Client was passed out drunk in a booth. When the police roused him, Client allegedly punched both officers with his fists. He was placed under arrest and transported to the station for booking. He continued to be verbally abusive and physically combative with the officers. After his arraignment the next morning, Client's family the Yannetti Criminal Defense Law Firm to represent him. Attorney Yannetti investigates the case and begins negotiations with the prosecutor, who initially was insisting that Client "admit to sufficient facts" on the case. Today, however, Attorney Yannetti persuades both the prosecutor and the judge that Client should instead be placed on pre-trial probation. Client agrees to refrain from drinking, perform 40 hours of community service and write letters of apology to the officers. As long as he keeps up his end of the bargain and does not get arrested again for anything else, this case will be dismissed in 18 months. Client admits to no wrongdoing and maintains the presumption of innocence. Result: Case Dismissed.

April 2, 2012
Ayer District Court
Docket No. 0948-CR-0976
On February 1, 2011, Attorney Yannetti succeeded in persuading a judge to dismiss Aggravated Assault and Battery charges against Client, an ex-NFL football player. After a recent personal tragedy prompted Client to consider a change in career and a move from his home, Client re-hired the Yannetti Criminal Defense Law Firm to petition the court to seal this case. Today, Attorney Yannetti persuades the judge to seal all records of this case -- over the objection of the prosecutor. By statute, Client may now truthfully answer on any job application that he has never been arrested for, or charged with, any crime. Result: Petition to Seal Allowed.

February 29, 2012
Boston Municipal Court
West Roxbury Division
Docket No. 1106-CR-2351
Client, a respected I.T. professional, was arrested for the felony charge of Assault and Battery with a Dangerous Weapon, as well as Domestic Assault & Battery. The Commonwealth alleged that Client had tried to suffocate his live-in girlfriend by smothering her face with a pillow. The responding police officers noticed that the blood vessels in her eyes had burst as a result of the lack of oxygen. Client hired Greg L. Johnson, a Yannetti Criminal Defense Law Firm Associate, to defend him in court. After investigating this matter and obtaining what turned out to be an incriminating 911 recording from the prosecution, Attorney Johnson scheduled the case for trial. Today, on the trial date, Attorney Johnson persuades the judge to dismiss all charges. Result: Case Dismissed.

February 13, 2012
Boston Municipal Court
Central Division
Docket No. 1001-CR-8288
Client, a 24 year-old foreign national here on a student visa and studying at a local university, was arrested for Kidnapping and Assault and Battery by means of a Dangerous Weapon. The police alleged that one of Client's friends enlisted his help to beat up his ex-girlfriend's new boyfriend. Client then allegedly joined three other students in a purported attack upon the new boyfriend. Next, Client allegedly participated in seizing the ex-girlfriend, bringing her to a friend's apartment, and threatening to harm her. If convicted, Client faced certain deportation and a forfeiture of his college education. Client hired the Yannetti Criminal Defense Law Firm to represent him. Over the course of a year, Attorney Yannetti first persuades the prosecutor not to indict the case and instead to dismiss the kidnapping charge. Attorney Yannetti eventually schedules the case for trial, while impressing upon the prosecutor the strength of his defense to the ABDW charge. Today, on the trial date, Attorney Yannetti persuades the prosecutor to place Client on pre-trial probation. Client admits to no wrongdoing, retains the presumption of innocence, suffers no immigration consequences and may continue with his schooling. Case will be dismissed in 18 months. Result: Case Dismissed.

February 9, 2012
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 24 year-old consultant for a high-profile company, faced a potential complaint for Assault and Battery by Means of a Dangerous Weapon, a felony. The police alleged that Client got into a fight with an acquaintance at a house party. Client allegedly broke a plate and punched another man in the face. Client hired the Yannetti Criminal Defense Law Firm to represent him. At the clerk's hearing today, Attorney Yannetti persuades the police prosecutor and the assistant clerk magistrate that Client should not be formally charged. Instead, the application for complaint is withdrawn and will never appear on Client's record -- or in any background check. Result: Application for Complaint Withdrawn.

February 7, 2012
Salem District Court
Docket No. 1036-CR-3659
Client, a single mother and successful business owner, was charged with Domestic Assault and Battery. Client's ex-boyfriend reported to the police that Client had slammed a bedroom door on his head and gouged deep scratches into his neck with her fingernails. The police photographed the gouge marks. After being represented by another attorney for several months, Client hired Yannetti associate, Attorney Greg. L. Johnson, to represent her. Attorney Johnson thoroughly investigated the case and uncovered evidence that Client's ex-boyfriend was potentially involved in a large-scale fraudulent scheme involving stolen driver's licenses. Attorney Johnson met with the investigating detective and the prosecutor to present the exculpatory evidence he had unearthed. When the prosecutor decided to press on with the charges against Client, Attorney Johnson scheduled the case for trial. Today, on the trial date, Attorney Johnson persuades the prosecutor and the judge to dismiss the case against Client. Result: Case Dismissed.

February 2, 2012
Fall River District Court
Docket No. 1132-CR-2868
Client, a 17 year-old high school student, was arrested as a result of a large fight in the hallway of his school. The altercation was videotaped by surveillance cameras. Client was charged with five separate criminal offenses, including two felony counts of Assault and Battery by Means of a Dangerous Weapon. In the aftermath of his arrest, Client's family hired the Yannetti Criminal Defense Law Firm to represent him. Attorney Greg L. Johnson was assigned to the case, eventually making several court appearances and negotiating with the prosecutor. Today, Attorney Johnson finally persuades the prosecutor to recommend pre-trial probation for nine months. As long as Client completes forty hours of community service and stays out of trouble, the entire complaint against him will be dismissed. Client retains the presumption of innocence. Result: Case Dismissed.

January 11, 2012
Boston Municipal Court
Central Division
Docket No. 0901-CR-3288
Client, a 42 year-old professional consultant, originally hired the Yannetti Criminal Defense Law Firm in the aftermath of his arrest for this Domestic Assault and Battery case. On September 4, 2009, Attorney Yannetti succeeded in obtaining pre-trial probation for Client. The case was therefore dismissed against him on September 1, 2010. Several months after the dismissal, Client rehired Attorney Yannetti to petition the court to seal this case. Today, Attorney Yannetti persuades the judge to seal the case over the objection of the prosecutor. By statute, Client can now legitimately claim on any job application that he has never been charged with any crime. Result: Case Permanently Sealed.

September 16, 2011
Boston Municipal Court
Dorchester Division
Docket No. 1107-CR-2308
Clerk's Hearing
Client, a 31-year-old medical professional, was charged with Domestic Assault and Battery. The police alleged that client had repeatedly struck and beat his partner, causing noticeable injuries to the neck, face and abdomen. The police reported that client confessed to the violence. Client hired the Yannetti Criminal Defense Law Firm to represent him. Yannetti associate, attorney Greg L. Johnson, investigated this case over the course of several months while negotiating with the prosecutor. Today, attorney Johnson finally persuaded the prosecutor to recommend pre-trial probation. As a result, Client maintains the presumption of innocence, admits to no wrongdoing and this case will be dismissed in one year as long as client attends anger-management counseling sessions. Result: Case Dismissed.

September 6, 2011
Boston Municipal Court
East Boston Division
Docket No. 1005-CR-0660
Client, a 61-year-old business owner, was arrested for Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. The police alleged that client had struck and spit upon her husband. Client hired the Yannetti Criminal Defense Law Firm to represent her. Client's husband moved forward with a divorce and advocated for client to be prosecuted. Yannetti associate Greg L. Johnson, however, investigated this case and unearthed exculpatory evidence suggesting that client's husband was attempting to use the criminal justice system to gain leverage in the divorce. Today, the prosecutor agrees to file a "Nolle Prosequi" over the objections of client's husband. This means that the case is dismissed and client will not have to face trial. Result: Case Dismissed.

June 21, 2011
Malden District Court
Docket Nos. 1050-CR-0497 and 1050-CR-1424
Client, a 40-year-old mechanic, was arrested for Assault by Means of a Dangerous Weapon, a felony, and Malicious Destruction of a Motor Vehicle, another felony. The police alleged that he used a shovel to smash the car window of someone who was revving tires at his auto shop. Client admitted to the police that he had broken the window. Client hired attorney Yannetti to represent him. After being released on bail, client was rearrested for Operating under the Influence of Alcohol (OUI/DUI). In that new case, client alleged told the arresting officer to "F--- off." Attorney Yannetti first prevented his bail from being revoked on the pending felony charges, despite the fact that client has a lengthy record of prior convictions. Attorney Yannetti then investigated both cases over the course of several months. Today, attorney Yannetti persuades the prosecutor to dismiss the Assault by Means of a Dangerous Weapon charge. He also persuades the prosecutor to reduce the remaining felony charge to Malicious Destruction under $250.00, a misdemeanor. Then, over the prosecutor's objection, attorney Yannetti persuades the judge to continue both cases without a finding for a year. Client will need to attend the alcohol education program and anger management counseling, but these cases will be dismissed in one year if he successfully completes his probation. Result: One Felony Charge Dismissed, the Other Felony Charge Is Reduced to a Misdemeanor and Client Avoids a Conviction on All Charges.

April 5, 2011
Cambridge District Court
Docket No. 1052-CR-0618
Client, a 27-year-old man, was arrested for Assault and Battery on a Police Officer, Assault and Battery, Resisting Arrest, Carrying a Dangerous Weapon and Disorderly Conduct. The prosecution alleged that in the early morning hours in the parking lot of a restaurant, client struck another man during an argument. When a police officer, on a detail, attempted to intervene, client alleged struggled with the officer, ripped the badge off his uniform and struck the officer in the face. When the police arrested him, client allegedly had a knife in his pocket. Client hired attorney Yannetti, who investigates the case over the course of several months and schedules the case for trial. Today, attorney Yannetti persuades the judge to find client not guilty on the two most serious charges − A&B and A.B.P.O. attorney Yannetti further persuades the judge to de-criminalize the dangerous weapon and disorderly conduct charges, so client is not convicted of those either. Client is given the opportunity to receive a continued-without-a-finding disposition on one charge only − resisting arrest. Client takes that opportunity. Result: Not Guilty Verdicts After Trial on Both Assault and Battery Charges, No Convictions on the Remaining Charges.

March 18, 2011
Concord District Court
Docket No. 1047-CR-1128
Client, a 47-year-old bank executive, was arrested for Assault and Battery after pushing a neighbor who had gotten into a dispute with client's son. Client hired attorney Yannetti to represent him. For several months, attorney Yannetti investigates and prepares this case for disposition. Today, attorney persuades the prosecutor to recommend pre-trial probation. The judge agrees to impose pre-trial probation. As a result, client is not forced to admit to sufficient facts, still retains the presumption of innocence and will have his case dismissed in six months. Result: Case Dismissed.

March 8, 2011
Norfolk Superior Court
Docket No. 2008-0597
This case was a major win for the Yannetti Criminal Defense Law Firm. Client, a 32- year-old immigrant truck driver, was indicted by a grand jury and charged with two counts of Armed Assault with Intent to Murder, one count of Assault and Battery by means of a Dangerous Weapon Causing Serious Injury and two counts of Assault and Battery by means of a Dangerous Weapon − all serious felonies. The prosecution alleged that after client had driven from California to Massachusetts to make a delivery, he stayed at a local motel. During a dispute over the noise that the people next door were making while client was trying to sleep, client allegedly pulled a knife. The prosecution alleged that he then stabbed two of the young female occupants of the noisy room. One young woman was stabbed in the upper chest and almost died. Three eyewitnesses identified client as the stabber. In the immediate aftermath of his arrest, client's family hired attorney Yannetti to represent him. While Client was initially held in jail as a "danger to the community," attorney Yannetti succeeded in having him released on bail within 60 days. Attorney Yannetti then spent over two years investigating this case and preparing it for trial. Trial began on February 28, 2011. If convicted, client not only faced a lengthy state-prison sentence; he also faced certain deportation from the United States. Attorney Yannetti retained a forensic toxicologist and a forensic DNA expert to testify on client's behalf. He also prepared a devastating cross-examination of each eyewitness as well as the investigating police officers. Today, after a week-long trial, client is acquitted of all indictments. Result: Not Guilty Verdicts After Jury Trial.

February 24, 2011
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 31-year-old flight attendant, faced a potential complaint for Assault and Battery by Means of a Dangerous Weapon and Assault and Battery. A fellow flight attendant alleged that client had attacked her in the ladies' room at a night club, by throwing a glass at her and punching her in the face. Client hired attorney Yannetti to represent her at the clerk magistrate's hearing. Attorney Yannetti investigates and prepares a defense of the charges that includes counter-allegations against the other flight attendant. Today, attorney Yannetti persuades the police and the assistant clerk magistrate that no complaint should issue against client. As a result, client never appears before a judge and she maintains her clean criminal record. Result: Application for Complaint Denied.

February 1, 2011
Ayer District Court
Docket No. 0948-CR-0976
Client, an ex-NFL football player, was originally charged with Armed Assault with Intent to Murder. Client allegedly punched and stomped a house guest after they had been drinking and watching a UFC contest on pay-per-view. As a result, the house guest allegedly suffered a broken orbital bone and faced permanent vision problems. At an early juncture, client hired attorney Yannetti, who persuaded the district attorney's office not to indict client and instead to leave the case in Ayer District Court. As a result, the charge was reduced to Aggravated Assault and Battery. For well over a year after that, attorney Yannetti investigated the case and prepared a defense. In addition, attorney Yannetti negotiated a civil settlement with the alleged victim and his attorney. Today, attorney Yannetti persuades the judge to dismiss the complaint. Client avoids any conviction. Result: Case Dismissed.

January 28, 2011
Boston Municipal Court
West Roxbury Division
Docket No. 1006-CR-2696
Client, a 27-year-old immigrant, was arrested for Assault and Battery and Indecent Assault and Battery, a felony. Client and his roommate were not getting along. One night, client allegedly came home and urinated on his roommate while he was sleeping. The roommate awoke and a fight ensued. If convicted of a sex crime, client would face certain deportation. Client hired attorney Yannetti, who negotiated with the roommate, his attorney and the prosecutor, while also consulting with client's immigration attorney. Today, the prosecutor agreed to recommend a dismissal of the indecent-assault-and-battery charge. Client instead receives a CWOF (continued without a finding) and probation for the simple assault and battery charge. Result: Sex Crime Dismissed, Client Avoids a Conviction Entirely.

November 10, 2010
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a 22-year-old female university student, faced a potential charge of Assault and Battery. Client allegedly became very intoxicated one night when she got into a public dispute with two men in a hotel lobby. Client allegedly knocked one of the men off-balance on an escalator, causing him to fall down and suffer serious injuries. A hotel video camera captured the entire incident. Client's father hired attorney Yannetti to try to keep this offense from appearing on client's criminal record. At the initial clerk magistrate's hearing on September 29, 2010, attorney Yannetti agreed with the police and the injured man's attorney to postpone the hearing in order to attempt to reach a civil settlement. Today, after an acceptable settlement had been reached, the police and the injured man agree to withdraw the complaint. Client never appears before a judge, so her criminal record remains clean. Result: Application for Complaint Withdrawn.

November 9, 2010
Cambridge District Court
Docket No. 1052-CR-2853
Client, a 29-year-old Chinese immigrant, was arrested for Domestic Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. The police alleged that client had punched her husband in the face, breaking his glasses and causing bruising to his eye. When the police arrived at the house, they also found client's mother-in-law crying hysterically. Client allegedly threw a coffee cup at her mother-in-law when she tried to break up the fight, and client's mother-in-law was injured as a result. Client hired attorney Yannetti shortly after arraignment, desperately seeking a dismissal of these serious charges without having to schedule the case for trial. Attorney Yannetti interviews the entire family and recommends that client's mother-in-law retain her own attorney. Today, at the first pre-trial conference, attorney Yannetti persuades the judge to dismiss the entire case over the prosecutor's objection. Result: Case Dismissed.

September 20, 2010
Waltham District Court
Docket No. 1051-CR-1330
Client, a 17-year-old high school student, was arrested for Assault and Battery. Client's parents called 911 because client had allegedly punched his father in the face during an argument. When the police arrived, client confessed. Client's parents hired attorney Yannetti. Attorney Yannetti persuades the judge to postpone client's arraignment on the complaint − thereby preventing this case from appearing on client's criminal record. Instead, attorney Yannetti works in conjunction with client's parents and an education counselor to develop a treatment plan for client. Client entered and completed a therapeutic wilderness program out-of-state. Plans were then made for client to attend a special boarding school to finish his senior year of high school. Today, when client is once again scheduled to be arraigned on the complaint, attorney Yannetti persuades the prosecutor not to prosecute the case at all. As a result, a "nolle prosequi" is filed before arraignment − effectively dismissing the case. Result: Case Dismissed Before Arraignment.

September 8, 2010
Malden District Court
Docket No. 0950-CR-3217
Client, a 55-year-old surgeon, was charged with Assault and Battery and Assault and Battery by Means of a Dangerous Weapon. Client's wife had called 911 one night after sustaining an injury to the back of her head. When the police arrived at the home, client allegedly admitted that he had pushed his wife during an argument and that she had struck her head against the corner of a wooden cabinet in the kitchen. Client's wife's head wound was bleeding profusely and the police took photographs. Client initially hired another attorney, who assured client that the case would be dismissed. On the trial date, however, the prosecutor refused to dismiss the case and insisted on taking the case to trial based upon client's wife's injuries and client's confession. Client's original attorney told client that they needed to go to trial that day, but they were completely unprepared, as the attorney had not interviewed client or his wife and had not properly prepared either of them to testify. Client elects to ask for a continuance and hire attorney Yannetti instead. Attorney Yannetti prepares the case for trial. Client and his wife meet with attorney Yannetti at his office several times. Attorney Yannetti prepares extensive motions in limine. Today, on the next trial date, the prosecutor changes his mind about going forward after attorney Yannetti answers "ready for trial." The prosecutor − this time − files a nolle prosequi, which effectively dismisses the case. Result: Case Dismissed.

August 11, 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 student 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 attorney 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.

June 22, 2010
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 investigation 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 as 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 having 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 20 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 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 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 60 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.

Boston Murder Defense Lawyers

Few attorneys in Massachusetts have had as much experience handling murder cases as Boston murder defense attorney David R. Yannetti. He has tried twelve murder cases as lead counsel. Some of his murder trials have received national attention and been broadcast on Court TV and other networks from gavel to gavel.

Experienced Murder Defense From A Former Prosecutor

As a former homicide prosecutor, attorney Yannetti has learned from first-hand experience how law enforcement officials put a murder case together. He has been called to murder scenes in the middle of the night. He has personally witnessed how the police preserve evidence, how murder investigations unfold, and what techniques the police use. He has been at police stations when suspects and witnesses have been interrogated and questioned and did formerly, as a prosecutor, plan prosecution strategy.

Attorney Yannetti's experience in putting the Commonwealth's cases together now allows him to effectively attack the Commonwealth's cases against his clients. He knows how things should be done. He will exploit for his clients any of the prosecution's missteps and/or failures — mistakes which may have resulted in an unjust charge against his client. He handles all types of homicide cases, from motor vehicle homicide to manslaughter to first-degree murder cases and federal death-penalty cases.

Attacking The Evidence

In a murder case, you have the same defenses that are available to you in every case — but the stakes are considerably heightened. As a result, an attorney needs to do an extensive amount of investigation and discovery. An attorney must be well-versed in forensic evidence. He also must be skilled in both the direct and cross examinations of expert witnesses.

Some murder cases are whodunits. In these cases, a skillful lawyer may able to present an effective alibi defense. By calling alibi witnesses, or effectively pointing to scientific/forensic/trace evidence, an experienced defense attorney may successfully persuade a jury that his client was somewhere else when the murder occurred. Even without an affirmative alibi defense, a criminal defense attorney may be able to attack and/or suppress the photo array or lineup identification of the perpetrator. In so doing, an attorney can argue to the jury that reasonable doubt exists regarding his client's presence at the murder scene.

A murder case may revolve around the issue of self-defense in a mutual combat situation. If a lawyer is successful in creating reasonable doubt as to whether a death was the result of self defense, the accused is entitled to a not guilty verdict. The Supreme Judicial Court has recently ruled that it is proper in these cases for a criminal defense lawyer to introduce evidence of the murder victim's violent nature or past.

Sometimes it is clear a person committed the crime, but it's also evident that the person was not in his or her right mind when he did it. That scenario may give rise to a "lack of criminal responsibility" defense, commonly known as an "insanity" defense. Even if a mental disease or defect does not rise to the level of insanity, a person's impaired state of mind may help to convince a judge or jury that the murder charge should be reduced. For example, a person may have been under extreme stress or some other influence that prevented him from premeditating the crime. In that case, the charge could be reduced from first degree murder to second degree murder. If a person's mind was impaired to a such a degree that he was unable to form the requisite "malice aforethought," he might be found guilty of manslaughter, which has significantly reduced penalties.

Call For A Free Consultation With A Botson Homicide Defense Attorney

If you have been charged with homicide, you need dedicated legal representation. Contact a Boston murder defense lawyer David Yannetti online or call 617-338-6006 for a free phone consultation.


Sample Murder Cases:

March 10, 2008
Middlesex Superior Court
Docket No. 1989-2234
In perhaps the biggest victory of his career -- and after a 3-week trial -- Attorney Yannetti today succeeded in achieving a Not Guilty Verdict for his Client in a First-Degree Murder case. Client was a learning-disabled man who was arrested in 1989 because he signed a detailed typewritten confession to having murdered his next-door neighbor nine years earlier. In 1990, represented by another lawyer, Client was convicted by a jury of 1st-Degree Murder and sentenced to life in prison without the possibility of parole. Client languished in state prison for over a decade, with little or no hope of ever winning his freedom. In 2003, his family retained Attorney Yannetti to continue a new investigation into the case begun by another attorney. After an evidentiary hearing, Attorney Yannetti convinced a Superior Court judge that Client should receive a new trial because his former attorney had overlooked exculpatory evidence regarding another suspect. Although the D.A.'s Office appealed that judge's ruling, Attorney Yannetti persuaded the Supreme Judicial Court in 2006 that the ruling was correct. The S.J.C. therefore ordered that Client would indeed receive a new trial -- something that is a very rare event. Attorney Yannetti thereafter petitioned another Superior Court judge to release Client on electronic monitoring, so that he could await his re-trial at home with his 87 year-old mother. Client therefore won his freedom -- albeit restricted to his home -- after unjustly serving 16 years in state prison. Trial then began on February 19, 2008. Attorney Yannetti hired three expert witnesses to testify for the defense: a forensic serologist, a forensic psychologist and the leading expert in the world on false confessions. In addition, Attorney Yannetti unearthed witnesses whom the prosecution had never interviewed. Finally, Attorney Yannetti's star witness was a former police officer who took the report regarding the other, uninvestigated suspect. Today, Attorney Yannetti (along with his sister and co-counsel, Attorney Tanis Yannetti) succeeds in convincing the jury to reject the detailed confession signed by Client. After a hard-fought trial with many twists and turns, Client walks from court a free man for the first time since being convicted 18 years ago. Result: Not Guilty Verdict after a Jury Trial. Client is Released from State Prison after unjustly serving sixteen years.

March 28, 2007
Supreme Judicial Court
Docket No. 2005-9435
Client, represented by another attorney, was convicted in 1990 of first-degree murder and sentenced to life in prison without the possibility of parole. Beginning in 2003, Attorney Yannetti argued in Middlesex Superior Court that Client should be granted a new trial as a result of newly discovered evidence. A Superior Court judge eventually agreed and granted Client a new trial. The District Attorney's Office then appealed that judge's order to the Supreme Judicial Court. After Attorney Yannetti submitted a lengthy brief and orally argued before the full bench, the Supreme Judicial Court upheld the Superior Court judge's order and granted a new trial to Client. Attorney Yannetti then succeeded in convincing a different Superior Court judge to order that client be released from state prison after unjustly serving 16 years. Today, granting a final request from Attorney Yannetti, the Supreme Judicial Court ruled that the District Attorney's Office is required to pay thousands of dollars in attorney's fees to Client, as a result of the Commonwealth's unsuccessful appeal of the original Superior Court judge's ruling. In taking the highly unusual step of awarding attorney's fees to Client, the Supreme Judicial Court specifically noted Attorney Yannetti's "thorough representation" of Client and his "successful result." Result: Client is released from state prison after wrongfully serving 16 years. He also is reimbursed for his attorney's fees so that Attorney Yannetti's representation was essentially "free."

Massachusetts Assault With Intent To Murder Defense Lawyers

Armed assault with intent to murder is a major felony crime punishable by up to 20 years in state prison. This type of charge is usually brought in situations in which the alleged victim sustained a substantial physical injury. To bring this charge, prosecutors must prove that there was some type of a weapon involved in the commission of the crime, whether it was a gun, a knife, a pipe, or some other dangerous weapon. Many times these are circumstances in which a mutual fight may have escalated or where the accused was provoked, resulting in a stabbing, serious beating or shooting. If you have been charged with assault with intent to murder or armed assault with intent to murder, there is a lot at stake. That is why you need a Boston criminal defense attorney who can evaluate and defend your case properly.

Contact Boston Assault-with-intent-to-murder Defense Attorneys at the Yannetti Criminal Defense Law Firm today to receive a confidential and free phone consultation to discuss your case.

High Burden of Proof on Prosecutors

Assault with intent to murder is a particularly difficult charge for prosecutors to prove. Prosecutors have the burden of proving that at the time the injury was inflicted, the alleged perpetrator specifically intended to murder the victim. This is known in criminal law as a "specific intent" crime and is a higher degree of intent than general intent. Essentially, the intent in an assault with intent to murder charge is the same as the intent that is necessary to substantiate a murder charge. At trial, the prosecution will have to prove that beyond a reasonable doubt that you committed all elements of this crime in order to obtain a conviction. While these charges may originate in district court, they may not be resolved there unless the charges are reduced, because the district court has no jurisdiction over this crime. If the Commonwealth intends to prosecute this crime, therefore, it must indict the alleged perpetrator by presenting evidence to a grand jury. The case would then be prosecuted in Superior Court.

With such a high burden of proof, prosecutors will often try to use this charge as leverage. Their hope in those circumstances would be to intimidate a defendant into pleading guilty to a lesser crime. That is why it is so crucial that you have a Boston murder defense attorney who is not intimidated by prosecutors who bring such a serious charge to use it as a plea bargaining tool. Attorney David Yannetti and his associates are former prosecutors with years of extensive experience. They have a proven track record and will use their superior negotiation skills to help you plea to a lesser charge only if it is in your best interests and something you want to do. Otherwise, they will stand ready to fight the government for you by fiercely and intelligently defending you at trial. At the Yannetti Criminal Defense Law Firm, our attorneys are experienced enough to see through a case when it is brought only for intimidation purposes. We will thoroughly evaluate your case to determine the best plan of action.

Call For A Free Consultation With A Boston Murder Defense Attorney

If you have been accused of attempted murder, you need experienced legal help. Contact a Massachusetts criminal defense lawyer online or call 617-338-6006 for a free phone consultation.

Boston Armed Robbery Defense Lawyers

Although there are any number of fact scenarios that could lead to armed robbery charges, these cases generally fall into three categories:

  • Stranger stick-up cases.
  • Store or bank robberies where someone displays or mentions a weapon. Please note that in Massachusetts, you do not have to actually have a weapon to be charged with armed robbery. All you have to do is mention that you have a weapon — and thereby put an alleged victim in fear — and that could be sufficient for the charge.
  • Robbery in a home, which actually transforms the crime in Massachusetts into "armed home invasion" or "armed burglary."

Challenging The Prosecution's Evidence

Many armed robbery cases are identification cases. In other words, the prosecutor's key evidence comes from an alleged victim or an eyewitness viewing a photo array or a lineup and pointing out the suspect. In identification cases, there are certain procedural safeguards that have been put in place by both the U.S. Supreme Court and the Supreme Judicial Court of Massachusetts to make sure the identification was not unnecessarily suggestive, that the defendant received due process, and that his or her rights were preserved. Attorney Yannetti and his associates are experienced in handling identification cases and have successfully filed and argued motions to suppress identification evidence. A successful motion to suppress identification, of course, may leave the state with no case against you, and force the prosecutor to dismiss the charges entirely.

An experienced and skillful criminal defense attorney may also seek to suppress from evidence any weapon that was seized in connection with the alleged crime. The police must follow certain procedures under state and federal law when they conduct a search for a weapon. If the police failed to abide by those procedures, a motion to suppress evidence of a weapon could be successful. That, in turn, may force the Commonwealth to reduce the charge to unarmed robbery or larceny from a person — or may force the government to dismiss the charges altogether.

Discovery motions are critical for the defense of armed robbery cases. Early on, it is important to preserve evidence that might be lost, such as tapes from surveillance cameras. An experienced attorney realizes that the preserving evidence can make the difference between winning or losing a case.

The law, of course, is constantly changing in many areas. For years, prosecutors were able to call on ballistics experts to testify that a spent bullet recovered at a crime scene was fired by a particular firearm. Under a recent U.S. District Court ruling, an expert ballistician may no longer testify with such specificity and certainty. Now, the expert witness in federal court may only testify that there are markings on a bullet which are similar to those fired by a particular weapon. This is less powerful testimony and may be exploited by an experienced criminal defense attorney. Fingerprint evidence is facing similar legal challenges right now. In short, if you are charged with the serious crime of armed robbery, you should ensure that your attorney is experienced in these cases, and is up-to-date on recent case law. If you retain the Yannetti Criminal Defense Law Firm, you will have that assurance.

Call For A Free Consultation With A Concord Home Invasion Defense Attorney

If you are facing charged in connection with a home invasion or another type of robbery, get legal help as soon as possible. Contact a Boston armed robbery defense lawyer online or call 617-338-6006 for a free phone consultation.

Sample Armed Robbery Cases:

October 27, 2010
Quincy District Court
Docket No. 1056-CR-4431
In a case that generated a lot of publicity, Client, a 23 year-old man, was charged with multiple counts of Armed Robbery and Kidnapping. The police alleged that Client had placed an advertisement on Craig's List, then robbed the buyers at gunpoint when they arrived at an agreed-upon location. When Client's father hired Attorney Yannetti, Client was being held in custody in lieu of $10,000 cash bail. When Attorney Yannetti appeared for Client's arraignment, the prosecutor asked the judge to increase Client's bail to $100,000. Instead, Attorney Yannetti persuaded the judge to reduce Client's bail to $7,500. Client posted that bail shortly thereafter and returned home to his father. Over the next two months, Attorney Yannetti presented exculpatory information to the prosecutor, to show that this case was not what it first appeared to be. Today, when the case was scheduled for a probable cause hearing, Attorney Yannetti persuades the prosecutor and the judge to dismiss all charges. Result: Case 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.

If you have a previous conviction for a felony crime and are found to have knowingly possessed a firearm you are likely to face federal criminal charges. The potential consequences of such a charge are severe and can result in a decades long prison sentence. That is why retaining experienced legal counsel who understand the federal criminal justice system is so important.

Boston felon in possession of a firearm defense lawyer David Yannetti and his associates have nearly 50 years of combined legal experience. Mr. Yannetti is a former prosecutor who understands how the government is likely to build its case against you. He will use this knowledge to help you build the strongest possible defense against these criminal charges.

The Amount of Time Between a Conviction and a New Charge is Meaningless

Many people assume that a decades-old conviction will no longer "count" when it comes to owning a firearm. However, that is simply not the case. You can be convicted of a felony as an eighteen-year-old and find that you have later run afoul of the law well into adulthood as a result of being caught with a firearm.

Attorney Yannetti will thoroughly investigate the circumstances leading up to your charge. Perhaps the weapon belonged to someone else and you were unaware of its presence. Perhaps the police improperly gathered evidence or otherwise violated your rights. Mr. Yannetti and his associates will work tirelessly to provide you with a strong defense that is designed to achieve the best possible results.

Call For A Free Consultation With A Suffolk County 2nd Amendment Rights Attorney

If you have a felony record and are found to be in possession of a firearm, you need legal help immediately. Contact a Boston felon in possession of firearm defense attorney online or call 617-338-6006 for a free phone consultation.