June 9, 2026
Assault and Battery
The client was a hard-working mother and employee with no prior criminal record. She was charged with assault and battery after the opposing party filed a civilian application for a criminal complaint rather than the matter originating with the police. The client was represented by another lawyer at the magistrate hearing, where the defense was unsuccessful. As a result, the complaint issued and the matter was scheduled for arraignment. She then promptly retained Attorney Barabino to determine the best next steps after the magistrate hearing. Attorney Barabino sought judicial diversion under Chapter 276A and requested that the client be screened by an independent therapist, as permitted by statute, to determine whether treatment and related programming would be beneficial and support dismissal. To strengthen the request, he obtained written recommendations from two separate entities confirming that the client was a good candidate for their programs. The court allowed the motion. The client then completed counseling sessions and online programming. When the matter returned to court, the case was dismissed over the government’s objection.
Result: Judicial Diversion Successfully Secured; Case Dismissed.