Commonwealth v. R.V., Suffolk Superior Court
Client/defendant was charged with two counts of Aggravated Assault & Battery with a Dangerous Weapon
for viciously stabbing two others in a gang-related incident. One victim suffered multiple stab wounds to the chest, back and arm, and sustained life-long injuries.
The facts alleged by the prosecutor were that the defendant was a drug distributor from New York. The victims, the purported underlings of the defendant, reportedly sold drugs on his behalf and they were to report the sales and profits to the defendant.
The prosecutor's theory in the case was that the victims were skimming the profits from the defendant. Realizing that his profits were being skimmed, the defendant drove up to Boston confronted the two men. Both men denied stealing any drugs or money from him, but the defendant then reportedly took a knife and slashed each of their throats. Both of the men suffered severe injuries but survived.
Although the prosecutor was seeking a state prison commitment of at least 6-8 years, Attorney Travayiakis was able to negotiate a pre-trial disposition of a maximum of 3 years, without any term of probation.
Despite the extreme and grievous nature of the crimes, Attorney Travayiakis was able to persuade the judge for a lesser sentence than what the prosecutor was seeking for a number of reasons: the defendant's lack of record; his family status and educational history; and the victim's complicity in drug dealing operations.
Although most often it is the goal that a case be taken to trial and won, there are obviously some cases that are not winners, do not have a great defense, or simply the evidence against the defendant is overwhelming. In these circumstances, rather than proceeding to trial and risking a very lengthy state prison sentence, many clients would obviously prefer to cut their losses and try and get the best deal possible. Accordingly, getting to know the client, his background, and all the positive characteristics about the client's life is critical in persuading a prosecutor and the judge to give a more lenient sentence.If you have been charged with a Crime of Violence, Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation.
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