Massachusetts Criminal Lawyer Blog
KC, a 14 year old juvenile, resides with his parents in Georgetown, MA. For months he has been bullied by a 17 year old youth also from Georgetown. On Wednesday, April 3, 2019 KC was walking with several friends towards KC’s house. They were about thirty yards away from KC’s house when the bully rode by in a car. As the bully passed KC, the bully yelled out “Fuck you, you fucken pussie, you won’t fight me.” The car went up the street, turned around and came back. The bully got out of the car and yelled at KC “Fuck you; I’ll beat your ass.” The bully came at KC. KC happened to be carrying CO2 cartridge Air Soft Gun. He pulled out the gun which but for the orange tip and the white tape on the barrel looks just like a real gun. The bully kept advancing and KC fired the gun at the bully.
The police arrived within minutes. The gun was confiscated from KC. KC’s mother had arrived at the scene. Because of his young age the police did not arrest KC but told his mother that KC would be summonsed to juvenile court. Subsequently KC received a summons to appear in Lawrence Juvenile Court for an arraignment on a charge of Assault & Battery with a Dangerous Weapon. This charge is a felony and is NOT a charge that can be diverted by a Judge.
KC’s mother and father contacted and with their son met with Attorney Robert Lewin from North Andover. After a lengthy initial consultation which was free KC’s parents retained Attorney Lewin. It was very clear to Attorney Lewin that KC had acted in self-defense following a long period of bullying.
Because a “gun” had been used the District Attorney’s Office was unwilling to divert the case. Attorney Lewin said to KC and his parents that if the DA’s Office would not divert the case or dismiss it then KC should take the case to trial and win it the old fashion way. They agreed. Attorney Lewin so informed the District Attorney.
On May 21, 2019 KC and his parents and Attorney Lewin appeared in Lawrence Juvenile Court; Attorney Lewin told the DA that there would not be any plea in the case, that KC had acted in reasonable self-defense. At that point the DA offered to continue the case generally for three months and dismiss the case at the end of three months as long as KC stayed out of trouble. On August 20,2019 the case was DISMISSED.
This disposition is called a general continuance. It is similar to a continuance without a finding; however, a continuance without a finding is a plea bargain and involves an “admission to facts sufficient for a guilty finding”. When a general continuance is used there is NO admission of guilt or any wrongdoing.
KC and his parents were very happy with the result, the felony charge having been dismissed.