Danvers Town Selectman Keith Lucy has been arraigned on assault charges in the Salem District Court. Danvers is a northern suburb of Boston. Selectman Lucy is accused of swinging with an open hand and narrowly missing the wife of a Town Meeting member. According to the private complaint taken out by the alleged victim Mr. John Fratus Mr. Lucy pushed in front of another woman when viewing the town’s election state primary results on September 6, 2012. Mr. Fratus alleges that words were exchanged and Mr. Lucy took a step toward Mr. Fratus’ wife. Police investigated that night and did not take any action.
A private complaint is where a person applies for a criminal complaint in the courthouse. The person must fill a form and a two party hearing is held before a clerk magistrate. A magistrate listens to the evidence and decides if there is probable cause to believe that a crime has occurred. This is defined as a clerk’s hearing Probable cause is defined as being more likely than not a crime has occurred.
After his arraignment Mr. Lucy was released on his personal recognizance or promise to appear again in court and was ordered to stay away from the alleged victim.
Assault in Massachusetts is a criminal offense it happens when puts another in imminent fear of harm without physical contact. It is normally accompanied with battery but in this case there was no touching with is the element of battery.
Patrick Donovan is a criminal defense lawyer in Massachusetts that has appeared in over fifty courts. Attorney Donovan has represented people charged with felony and misdemeanor crimes like assault and assault and battery in Massachusetts. If you or someone you know has been charged with assault contact attorney Donovan today.