July 23, 2026
Assault and Battery on a Family/Household Member
Felony Assault and Battery with a Dangerous Weapon
The client was an outstanding young man and talented electrician. While he was home with his girlfriend, after both had been drinking, police were called to the location. Once they arrived, the client made statements acknowledging a physical dispute with his girlfriend but also explaining that his actions were justified. Police then spoke with the girlfriend, who alleged that the client flipped over a coffee table, dragged her to the door, and proceeded to kick her, causing her to fall in the hallway. The girlfriend also wrote a statement restating what she had told police and mentioning that strangulation had occurred as well. The charges were serious because they involved domestic abuse, and the dangerous weapon allegation was a felony charge. However, from the beginning, the necessary evidence for the government to successfully prosecute the case began to disappear. First, Attorney Barabino sat down with the accuser, who agreed that what she said to police was not accurate and was the result of her intoxication. Moreover, she came to court, sat down with the prosecutor, and stated that she recanted what she had said because it was all the result of her intoxication. The district attorney provided notice that her claims had been brought into question. This effectively eliminated her as a future witness for the Commonwealth. But the government can still prosecute these cases based on other evidence. One way would be through injuries or marks from an incident that might be apparent through police testimony, photographs, or medical evidence. They had none of that. Police can also move forward based on excited utterances or 911 calls, but they had none. In short, the only evidence they had was an admission to physical contact from the defendant, which, as he described it, was justified. As a result, a dismissal at trial was virtually assured. The government agreed and dismissed the case in 90 days. There was no admission of wrongdoing, no return to court, and the presumption of innocence remained. This was essentially a slow-motion dismissal, which would occur prior to any trial date and achieve exactly what we would have hoped to achieve at trial. Case closed.
RESULT: Court Dismisses Charges by Generally Continuing the Matter for 90 Days.