Legal Question in Criminal Law in Massachusetts

can someone be held in jail for assault, if the victim in the case has since died on an unrelated drug overdose?


Asked on 2/26/13, 6:51 am

1 Answer from Attorneys

Christopher B. Coughlin Coughlin Law Group, PC

It depends, the Commonwealth may be able to proceed with the prosecution if other witnesses still exist. The alleged victim of the crime need not testify if there were other people that could testify they could identify the defendant and saw him attack the deceased. It seems like it would be very difficult to proceed where the alleged victim is deceased however. But the answer to your ultimate question is yes, they can hold the defendant until the case is resolved.

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Answered on 2/26/13, 7:09 am


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