Wakefield, MA Criminal Defense Attorney

February 1^nd 2012
Lynn District Court

Malicious Destruction of Property Chapter 266 Section 127
Assault and Battery Chapter 265 Section 15
Assault Chapter 265 Section 13A
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16

Client was a kind and considerate businessman who was angry with his ex-wife. According to the police report, he went to his ex-wife’s home in the early morning hours while intoxicated and tried to kick in the door. His repeated kicks were unsuccessful in gaining her attention so he punched the door until his fist penetrated to the other side. Once he penetrated through the door he began to tear the door apart until he his upper body could fit through. At that time police alleged that he was able to grab the ex-wife’s friend arm leaving a bruise that they photographed. Police state that they approached the Defendant and he was his body was partially through the door and he refused to obey the commands and was pepper-sprayed. A 911 tape recorded by the police supported the entire fact pattern which police described. However, despite prior convictions for violating a restraining order and crimes of violence—no jail imposed.
RESULT: Client NOT Held on “Dangerousness Request/58A” and Allowed to be Released on a Electronic Monitoring Bracelet, Disposition Negotiated No Jail or Suspended Sentence and No Batterers Treatments or Anger Management.