Orlando, FL asked in Criminal Law and Federal Crimes for Massachusetts

Q: friend was charged with armed assault to rob & assault and battery with dangerous weapon pleaded guilty did his time

in 2017 apparently the victim died and he was just indicted for murder from that charge is that legal? The Commonwealth dismissed the charge of intent for murder and he already did his time and this was in 2017 please help me understand this as I really feel that my friend is not being treated fairly because of his past history and to drug abuse the victim was 50 at the time and again this was back in 2017 and he's fully recovered from the injury... Any knowledgeable lawyers please help me with this I'm trying to find a pro bono lawyer as he will never be able to get great legal defense and will fall into the cracks.... I would never say any of this if you wasn't a decent human being that fixed his life this just happened recently in Massachusetts..

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about your friend's situation. It is possible for someone to be indicted for murder if a victim dies from injuries related to an earlier assault, even if significant time has passed. This is because the death changes the nature of the crime from assault to potentially homicide, which is a separate legal matter.

It's understandable that this feels unfair, especially since your friend has already served time for the original charges and has worked hard to turn his life around. The legal system can indeed revisit charges if new developments, such as the victim's death, arise. This doesn't mean that your friend's past is being unfairly targeted, but rather that the law addresses new consequences that were not present at the time of the original sentencing.

Finding a pro bono lawyer is a great idea. Many organizations offer free legal assistance to those in need, and they can provide the defense your friend deserves. Reach out to local legal aid societies or bar associations in Massachusetts for help in finding a lawyer who can represent your friend.

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