Attorney David Andrew Leon's Legal Cases

Criminal defense

Aggravated Rape of Child with 10-year age difference and Indecent Assault and Battery

Nov 18, 2020

OUTCOME: Dismissed

Client was charged with Aggravated Rape of Child with a 10-year age difference and Indecent Assault and Battery after the 14-year-old alleged victim told her mother that he had assaulted her. Attorney ... Leon’s investigation revealed that the alleged victim made these allegations after she had been caught sneaking out of school with a group of friends that same day. Medical records did not show any indications of abuse and forensic testing yielded negative results. Today, Attorney Leon was able to get all charges dismissed.

Criminal defense

Robbery

Jul 29, 2020

OUTCOME: Dismissed

Client was charged with Robbery on allegations that he and two other men robbed a T-Mobile at gun point. The men walked into the store and allegedly stole a large number of cell phones and emptied all ... of the cash registers. Client was arrested after police found him attempting to hide under a bush after the robbery. After exhaustive investigation and interviews, the prosecution agrees with Attorney Leon that his client was merely present at the scene, was not involved in the robbery, and had no idea that the men he was with would commit a robbery. The case was dismissed.

Criminal defense

Armed Robbery and Assault and Battery with a Dangerous Weapon

Jul 21, 2020

OUTCOME: Client avoids state prison sentence and receives probation

Client was indicted for Armed Robbery and Assault and Battery with a Dangerous Weapon after robbing a woman of her money and jewelry after pointing a gun at her head and striking her in the face with i ... t. The case involved a lengthy investigation involving cell phone location analysis. Client faced a 5-year mandatory minimum sentence if sentenced to prison and state sentencing guidelines called for a sentence of 5-7½ years. The prosecutor sought a term of incarceration in state prison. Attorney Leon persuaded a judge to sentence client to probation.

Criminal defense

Home Invasion and Assault with a Dangerous Weapon

Jul 21, 2020

OUTCOME: Pretrial Probation - Case was dismissed after client stayed out of trouble for 2½ years

Client was indicted for Home Invasion after he was arrested inside the home of a stranger with a knife. The victim woke up to client standing next to her bed holding a knife and threatening to kill her ... and her children. Attorney Leon’s investigation revealed that client had been in the midst of a mental health episode when the crime occurred. He had flown from the Netherlands to Boston and went missing upon his arrival at Logan airport. Client’s medical records were compiled and a psychiatrist was retained to pursue a defense of lack of criminal responsibility (a/k/a the so-called “insanity defense”). The psychiatrist concluded that the client lacked criminal responsibility at the time of the crime and the psychiatrist retained by the prosecutor agreed with his conclusions. The prosecutor then offered client a 2½ year term of pretrial probation prior to the trial date. Client was required to continue with his mental health treatment as a condition of pretrial probation. As a result, the case was dismissed without any admission of wrongdoing by the client.

Criminal defense

Trafficking in Methamphetamine 36-100 grams, Possession with Intent to Distribute Meth, Xanax and Klonopin, and Larceny

Aug 15, 2019

OUTCOME: Motion to Suppress Allowed - Case Dismissed

Client was charged with Trafficking in Methamphetamine 36-100 grams, Possession with Intent to Distribute Methamphetamine, Xanax and Klonopin, and Larceny after his friend told police that client stole ... his property and had a large amount of meth in his car. Police found 47 grams of meth, large quantities of Xanax and Klonopin, a digital scale and packaging materials along with a large amount of cash and his friend’s property inside his car. Client faced a mandatory minimum state prison sentence of 3.5 years up to 20 years. Attorney Leon moved to suppress all of the evidence based on an improper search of the car. The motion to suppress was allowed and all of the recovered evidence was thrown out and the case was dismissed.

Criminal defense

Trafficking in Heroin 18-36 grams, Distribution of Cocaine, and Possession with Intent to Distribute Cocaine

Aug 14, 2019

OUTCOME: Client avoids conviction on reduced charge - case was dismissed after client successfully completed one year of probation

Client was charged with Trafficking in Heroin 18-36 grams, Distribution of Cocaine, and Possession with Intent to Distribute Cocaine after police stopped his car after they saw what they believed to be ... a drug deal with another man. Client was facing a mandatory minimum prison sentence of 3½ years. Attorney Leon filed a motion to suppress the stop and search of client’s car on the basis that police observations were insufficient to justify a stop of the car. He also challenged the extrapolation methods used by the state drug lab to calculate the weight of the drugs and argued that it did not qualify as trafficking weight. Today, Attorney Leon persuades the prosecutor and judge to resolve the case with a continuance without a finding for one year on a reduced charge of possession with intent to distribute given client’s progress in treatment and the legal issues raised in the motion to suppress. The case was then dismissed after client successfully completed a year of probation.

Criminal defense

Rape

Jul 30, 2019

OUTCOME: Dismissed

Client was charged with Rape after a woman accused him of assaulting her at a house party. Client was held on a high bail after his arrest and Attorney Leon began his investigation immediately which un ... covered evidence casting doubt on the truth of the allegations. His investigation showed that the alleged victim did not have an accurate recollection of what occurred at the party and that text messages between them and others suggested that the intercourse was consensual. This evidence was presented to the prosecutor who moved to dismiss the case. The case was dismissed within a month of client’s arraignment.

Criminal defense

Carrying a Dangerous Weapon - 2nd Offense

Jul 22, 2019

OUTCOME: Not Guilty

Client was indicted for Carrying a Dangerous Weapon, 2nd Offense after he was pulled over by police and searched. He faced a mandatory minimum prison sentence of 5 years if convicted. Attorney Leon ret ... ained an expert in firearms and weapons from out-of-state who testified to the technical characteristics of the weapon at trial. Attorney Leon successfully argued that the weapon lacked the characteristics necessary to qualify as an operable weapon under the statute. Client was found Not Guilty after trial.

Criminal defense

Robbery, Burglary and Assault

Jul 19, 2019

OUTCOME: Client avoids jail time and receives probation

Client was charged with Robbery, Burglary and Assault after kicking in an apartment door and taking a backpack from a man. This was captured on surveillance video from inside the apartment building. Cl ... ient had a lengthy criminal record and was offered a 2-year sentence in the house of correction in lieu of indictment. Attorney Leon investigated the case and obtained witness statements and video from the area showing that client was chasing the victim because he thought the man had stolen his bag from a shrine he was visiting. Letters from client’s employers were also provided to the prosecutor showing that he had turned his life around and was a valued employee. As a result, the prosecutor made a much-improved plea offer involving 18 months of probation and restitution instead of jail time and client accepted it.

Criminal defense

Robbery of a Person over 60 years old and Assault and Battery on a Person over 60 and Disabled causing Serious Bodily Injury

Jun 19, 2019

OUTCOME: Motion to Suppress Statement Allowed

Client was charged with Robbery of a Person over 60 years old and Assault and Battery on a Person over 60 and Disabled causing Serious Bodily Injury. He was accused of robbing a 93-year-old veteran and ... causing a brain injury during the attack. There was no evidence connecting client to the crime except for the fact that he was working in the area that day; however, he was arrested and allegedly confessed during a police interrogation according to one of the officers who acted as an interpreter. Police had the ability to obtain a court-certified interpreter but decided to use a fellow officer. Attorney Leon filed a motion to suppress the client’s statement to police and persuaded a judge to allow the motion on the grounds that police provided an incorrect translation of the Miranda warnings, used coercive tactics such as fabricating evidence and promising leniency to extract a confession, and that the client’s request for an attorney was ignored. As a result, the client’s false confession was thrown out.

David Andrew Leon's Legal Cases (196)

Aggravated Rape of Child with 10-year age difference and Indecent Assault and Battery

Robbery

Armed Robbery and Assault and Battery with a Dangerous Weapon

Home Invasion and Assault with a Dangerous Weapon

Trafficking in Methamphetamine 36-100 grams, Possession with Intent to Distribute Meth, Xanax and Klonopin, and Larceny

Trafficking in Heroin 18-36 grams, Distribution of Cocaine, and Possession with Intent to Distribute Cocaine

Rape

Carrying a Dangerous Weapon - 2nd Offense

Robbery, Burglary and Assault

Robbery of a Person over 60 years old and Assault and Battery on a Person over 60 and Disabled causing Serious Bodily Injury