Search: assault and battery

Displaying 195 Results

November 22, 2024
Felony Assault and Battery with a Dangerous Weapon (2 Counts)
Client was easy-going hard-working guy with some limited court involvement and no convictions. He has come to Massachusetts to be with a romantic interest and that relationship eventually came to a natural amicable end. However, an instance occurred where client was at former love interests home and another person appeared and words were exchanged. Eventually, the other person punched client in the mouth with a reasonable amount of force. Everything from there happened quickly and in the confusion client had taken out his knife and the other person was stabbed in the hand, requiring stitches and allegations of nerve damage to his hand. Client was living out of state and in warrant status when he retained Attorney Barabino. They quickly put together a default removal package to present to the court and coordinated client to come to Massachusetts to remove that default. That warrant was successfully removed and client returned to his home state. After client returned to his home state, Attorney Barabino was able to get permission for client to remain in his home state and attend court by zoom. And agreement for a plea was struck in part, since there were third party witnesses to the allegation. Finally, there was a plea agreement where client would enter a conditional plea via zoom, where he would be on probation for a period of 18 months and the case would be dismissed at the conclusion of that period if he didn’t get any more trouble. Client understood the risk of trial and embraced that that disposition case concluded.
Result: Felony Assault and Battery via Knife resolved.

September 17, 2024
Indecent Assault and Battery over 14 years of age
Client was a young teenager from out of state came with some family friends to a teenage game park location. According to police, his action and behavior at this location were sufficient for a felony criminal summons of indecent assault and battery on a person over 14. When client was at this location, he was interacting with another young teenager of the opposite sex. The interactions suggested some interest in her and her of him. Eventually, the client placed his hand on the thigh of the alleged victim, close to her private area. This was witnessed by the young woman’s friend. That friend told her father and father called police. The police sought to talk to the young man, but young man was already on his way to New Hampshire. The series of events that led to the particularly serious felony charge. Without delay, Attorney Barabino sought to attempt preserve all video from the event from all sources, including TikTok. He then postponed the arraignment to provide a review to determine if pre-arraignment motion to dismiss if a viable option. Upon review it was reviewed and filed and argued and the very close call, but that attempt was unsuccessful. However, he continued to advocate with all involved and after several additional court dates. In the end, an additional review of the matter by the District Attorney, they decided to not proceed with the matter and the case was dismissed prior to the scheduled arraignment.
RESULT: Indecent Assault & Battery Dismissed Prior to the Arraignment.

July 17, 2024
Domestic Assault and Battery
Client was an all-around pleasant hard-working client. He was charged with Domestic Assault and Battery. The police were called to his girlfriend’s apartment for a disturbance. When police arrived they interviewed his girlfriend who stated that client got angry over a text message and grabbed her by the hair and started to repeatedly slapping her in the face. Police noted that accuser had blood on her hands which she stated was from her nose. She was checked out by EMT’s, and client was arrested. The case proceeded through the normal course post-arraignment. Here, the decision was clear that we could not accept any guilty conviction, nor can we accept even an admission to sufficient facts where the case would eventually be dismissed. The reason we could not accept either is the client was a green card holder and the consequences would have been negatively impactful as an immigration consequence, aside from all normal impacts that a criminal case has on a person. Right away we developed a long written historical summary of the client, complete with attachments, supporting affidavits and other helpful material. We took that information and met the assigned District Attorney who diligently reviewed everything and agreed that they would cease prosecution with an agreement that the get screened for any alcohol abuse, which he will easily and successfully complete. The case remains “open” for a year and the client always keep the presumption of innocence and admits no wrongdoing.
RESULT: No Admission of Guilt for Domestic Assault and Battery

June 6, 2024
Domestic Assault and Battery
Client was a hard-working married state employee who was charged with Assault and Battery on a Household Member. The police were called to the home for a 911 hangup call. Police arrived and began the interviewing the parties involved. The police had bodycam which recorded a long exchange between the defendant and the police. Client was arrested. In this case, the client was particularly conversant with police and there was a significant interview via the police body cam. The client’s intoxication was also apparent via the bodycam. Fortunately, there was no 911 recording alleging abuse, also, there was no claim or visible injuries, or medical records, also there were no 3^rd party witnesses and finally, no request for a restraining order. Since there was little evidence of a crime, besides the allegation of the crime, that allowed the ability to demonstrate to the District Attorney the likelihood that this case will not succeed. A long affidavit was drafted and submitted to the Government further demonstrating the likelihood of success was minimal. Those factors combined with the spouse who would clearly assert her marital privilege at trial, resulted in the District Attorney simply agreeing to 180 of staying out of trouble and a dismissal, if successful was entered on the first court date—post arraignment.
RESULT: Generally Continued for 6 Months.

January 30^rd 2024
Assault and Battery
Client was a very kind decent law-abiding gentleman who, with one exception had never had problems with the law. On this occasion he was charged with assault and battery. Client had some friends over and according one friend, alleged that he struck her which resulted in a swollen lip. That person called police on a recorded line 911 line and stated her claims. Then police arrived as one would expect and assessed the situation. Apparently, there was a witness to client striking who affirmed the persons claims. Client had been defending himself but was arrested as is the normal course when police are in these situations. After several months, a review of the evidence and discussion with the District Attorney a trial viability date was held were all the people involved are summoned to court. This is something that is very preferable to the defense and it allows for cases to be often resolved favorability and predictability. In this case, the one witness appeared and discussed her recollection with the district attorney and her recollection was very favorable to the defense this time. At this point, the District Attorney agreed to stop the prosecution if client simply didn’t contact the complainant for 6 months. No plea, no admission of wrongdoing and no probation.
Result: Assault and Battery DISMISSED in 180 Days, No admission of wrongdoing or Guilt.

September 19, 2023
Assault and Battery with a Dangerous Weapon
Client was a pleasant woman accused of Assault and Battery with a Dangerous Weapon, a felony in Massachusetts. It was alleged that while she was arguing with her brother while leaving in a vehicle, she drove forward toward him. The brother called the police and they investigated. The brother made inconsistent statements about whether the car touched him and showed that he was biased against his sister. After obtaining the discovery, Attorney Barabino drafted a background memorandum and a memorandum of law highlighting these deficiencies in the allegations. They were reviewed by a Clerk Magistrate who found after a hearing that there was not probable cause to charge Client.
RESULT: Clerk Magistrate Finds NO probable Cause; Case Dismissed before Arraignment.

August 10, 2023
Negligent Operation of a Motor Vehicle
Assault and Battery
A successful business owner and loving father was charged with negligent operation of a vehicle and assault and battery. Fortunately, based on a variety of circumstances the Defendant was undercharged by police. They could have charged him a variety of more serious criminal offense, but they did not. As a result, the charges that were provided to the District Attorney on his first appearance in court placed him in a more favorable light. According to the police report, adult daughter and father got into an argument in the home. She stated that father grabbed her by the throat and repeatedly banged her head against a thermostat then grabbed her neck and threw her to the floor. He then left the home and attempted to get away from her but because he had her phone she continued trying to access him. He began to drive away with her on the side of the car and according to an independent witness he drove away with her on the car. The witness also stated that he was slamming on the breaks until she was tossed off. Medical support and police arrived the daughter had various injuries consistent with high intensity abrasions. Despite attempts to reconcile with daughter, daughter remained steadfast that she did not want to be in the presence of her father remained a witness to the commonwealth to the end. Nonetheless, based on everything, the judge agreed that a conditional disposition on the assault and battery is acceptable—if he completes various programming. A guilty on misdemeanor negligent driving.
RESULT: Conditional Dismissal if Completes Probation on Assault and Battery

May 31^st 2023
Assault and Battery on a Police Officer
Reckless Endangerment of a Child
Disorderly Conduct
A pleasant hard-working dad took the day off to spend with his two young children. When this person is not drinking, he is as diplomatic, polite and responsible—however add alcohol to him and the decency, charm and judgment vanishes---rapidly. According to police, he was at an ice cream establishment and bar, and he was intoxicated. Client was refused service due to his intoxication and arguing with people around him. The police stated that the children’s diaper had feces on them as well as on the child’s legs. Client began berated the police with vile names causing increased concern for law enforcement. Moreover, client was holding his children. Eventually, client took his hand and pushed the officer which was assault and battery. He was arrested. Client had had past operating under the influence and the family testified that they had a variety of concerns. The mother of the children took out a restraining order as well. Client and Attorney Barabino worked for nearly a year. Eventually, getting the restraining order dismissed. Client committed to sobriety and passed 100% of his alcohol screens, he submitted a hair follicle test which was clean and remained employed. At the plea, that information was submitted with a disposition memorandum. At the hearing, the Commonwealth had already agreed based on past discussion to dismiss the Assault and Battery charge. Eventually, the judge decided that the two remaining charges can be dismissed after a one-year period of time and a admission to sufficient facts. Also, three months of additional drug and alcohol screens.
RESULT: Assault and Battery of Police Officer Dropped.