According to an article in the MetroWest Daily News, a Framingham man allegedly attacked his ex-girlfriend after he found out that she was dating someone new. The article states that the man and the alleged victim were romantically involved but that the relationship had ended. According to the article, the man reportedly appeared at the alleged victim’s workplace (Shopper’s World) and asked to speak with her. They then drove away in the alleged victim’s car. After some period of time, the alleged victim dropped the man off and went to the police station. Once there, she claimed that she was the victim of a domestic assault. Specifically, the alleged victim told the police that she and her ex-boyfriend had gotten into an argument when he found out that she was dating someone else. The alleged victim claimed that the man grabbed her by the throat and choked her. The police then approached the man, who was outside a convenience store, and arrested him based on the alleged victim’s allegations. The man was subsequently charged with strangulation.
To convict the man of strangulation, the Commonwealth would have to prove the following beyond a reasonable doubt: (1) that the man applied substantial pressure to the alleged victim’s throat or neck; (2) that he interfered with the alleged victim’s normal breathing or circulation of blood without having any right or excuse for doing so; and (3) that the man did so intentionally.
Although allegations of strangulation are undoubtedly serious, the man does appear to have a defense: namely that the alleged victim is fabricating the assault. While the man may well have gotten into the alleged victim’s car, what actually happened while the two of them were driving appears to be questionable. There do no appear to have been any witnesses to the alleged assault, even though the woman claims that it happened in her car, when presumably other people could have been in the vicinity and able to see into the vehicle. Moreover, the alleged victim did not have a single mark on her neck – no redness, no scratches, and no bruising to speak of. Given the description of the assault, it seems virtually impossible that the man would not have left some sort of visible mark if he had actually engaged in the behavior that the alleged victim reported. In light of the lack of any physical or eyewitness evidence to support the alleged victim’s version of events, the man be able to successfully argue that the assault did not occur and that the alleged victim is either exaggerating what happened between the two of them, or is making up the assault entirely.
Even though the man may have a strong defense, the charges are still concerning. The man will undoubtedly need an experienced attorney to investigate the case, including interviewing the alleged victim, documenting where the alleged assault occurred – and therefore whether it seems likely that someone would have witnessed the alleged incident if it had actually happened – and consulting with a medical expert to confirm that one would expect some sort of visible injury to be present if the assault had in fact occurred.
If you or a loved one is facing a similar situation, you will likewise need an experienced attorney to act on your behalf. Attorney Daniel Cappetta knows how to properly investigate a case, build a defense, and zealously advocate on behalf of his clients. Call him for a free consultation today.