Accident as a Defense

Under some circumstances in criminal cases, there may be evidence contradicting that the defendant intentionally committed the alleged criminal act, and that what occurred was a pure and simple Accident.

In a criminal prosecution, where evidence of Accident has been introduced, the prosecutor must rebut that evidence and prove, beyond a reasonable doubt, that what occurred was not an accident. If the prosecutor cannot prove that the defendant’s conduct was not an accident, then the jury must find him not guilty.

Massachusetts law defines an “accident” as an unexpected happening that occurs without intention or design on the defendant’s part. It means a sudden, unexpected event that takes place without the defendant’s intending it.

In cases where there is a claim of accidental injury to another, such as in an Assault & Battery or Murder, a defendant is permitted to introduce evidence establishing the reasonableness of his apprehension that death or serious bodily injury was imminent or that he had availed himself or all available means to avoid a physical confrontation or the reasonableness of the amount of force necessary to deal with the perceived threat against him. Specifically, the defendant would be entitled to:
  • Introduce evidence that he/she had been the victim of acts of physical, sexual or psychological harm or abuse; or
  • Introduce expert testimony regarding the common pattern in abusive relationships and related effects of such.
Boston Criminal Lawyer Lefteris K. Travayiakis has successfully obtained acquittals against Theft Crimes, Sex Crimes and Crimes of Violence where affirmative defenses were raised. See Case Results.

To schedule a Free Consultation and to discuss your criminal case with a Boston Criminal Lawyer, Contact Us Online or call 617-325-9500.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Aggressive Representation

Fill out the contact form or call us at 617-325-9500 to schedule your free consultation.

Leave Us a Message

We Accept the Following Credit Cards

Mastercard LogoVisa Logo

Client Reviews

Atty Travayiakis was wonderful, attentive and looked carefully at the evidence presented to him. He was always responsive to a call in a timely manner. Would recommend him without reservations!

Leslie Stolts

I came to Lefteris after several other defense attorneys told me that my situation was hopeless. Lefteris worked a miracle on my behalf - no exaggeration. He saved my career, he saved my retirement, he saved my ability to earn a living, and he kept me out of jail. When I came to him with my...

Anonymous

Lefteris K. Travayiakis Is a great attorney! I had a very serious case and he handled it as quickly and efficiently as he could. I truly believe no other lawyer could've done what he did for me. He treated me with the upmost respect and was very prompt to get back to me on any issues I had. I highly...

John Vandeusen

I've used Lefteris both professionally and personally for various legal representation. Aggressive and qualified he handles every case like it is the only one that he has. He has the experience and knowledge in the court system to navigate through some of the red tape that other attorneys get...

Millcreek Health Center

Lefteris is a top tier lawyer who will fight until justice is served. He leaves no stone unturned and keeps you informed throughout the entire process. Lefteris is detail oriented and fights hard for his clients. In my particular case he prepared all the evidence and documents and represented me...

M.M.