An off-duty Mansfield police officer was credited with breaking up a daylight brawl between three men who had tire irons and a knife, the Taunton Daily Gazette is reporting.

Self-defense is one of the most commonly acknowledged theories of defense portrayed on television criminal shows and in novels. But in assault and battery charges in Attleboro, can also be a legitimate defense. In this case, the presence of weapons will complicate the defense and will likely enhance the charges faced by the defendants.

If someone is attacked, either with fists or weapons, they have a right to defend themselves. If you are arrested, the skills of an experienced Massachusetts criminal defense lawyer can aid in explaining this to a jury. Too often, police just make an arrest, regardless of who is right or wrong at the scene.

When violent acts take place, police can sometimes have a tough time sorting out the pieces. If the victim and suspect are both pointing fingers at each other, it can be independent witnesses, video surveillance or even physical evidence that can point to the truth. A skilled lawyer can get to the bottom of the case.

In this case, according to the newspaper, Michael Dutra, 56, and John Carveiro, 48, allegedly told police they thought Reginald Jenkins, 44, had stolen $50 they accidentally dropped outside a package store. When they realized the money was missing, they remembered seeing Jenkins reach down in the parking lot and pick something up, the police report states.

They drove around hoping to spot Jenkins and they found him walking in a nearby parking lot a few blocks away. They allegedly both got tire irons from their pickup truck and began swinging at Jenkins. He also got a tire iron from the pickup truck and tried to defend himself, but was hit in the head and arm. He was also stabbed in his back by someone carrying a knife.

Police say that an off-duty police officer from Mansifled, Jeffrey Danner, was driving nearby and saw the brawl as it took place. Once Jenkins hit the ground, Danner pulled up, exited his vehicle, pulled out his badge and a handgun and ordered them to stay put.

Carveiro was charged with two counts of assault and battery with a dangerous weapon, two counts of carrying a dangerous weapon and one count of disorderly conduct.

Jenkins is charged with assault with a dangerous weapon, disturbing the peace and disorderly conduct. The newspaper didn’t have details of the charges Dutra faces.

In this case, according to the newspaper and police reports, it appears clear that Jenkins was the victim and yet he faces charges. Had the other two men not allegedly stopped to start the fight, he wouldn’t have been involved. And after they grabbed weapons, he would have been foolish to stand by and allow them to beat him.

One can only hope that Jenkins gets an experienced and dedicated Massachusetts criminal defense lawyer to straighten things out with the prosecution in order to avoid any long-term consequences as a result of these charges.

Massachusetts Criminal Lawyer Michael DelSignore represents clients facing serious misdemeanor and felony charges throughout the state.

The Law Offices of Michael DelSignore are conveniently located in Stoughton, Attleboro, New Bedford and Westborough.

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Herren Facing Massachusetts Assault Charges in Fall River District Court: September 30, 2011
Six Enter Innocent Pleas in Connection With Mansfield Beating: August 4, 2011