Search: assault and battery
Displaying 150 Results

NO Assault and Battery Charge

November 4rd 2021
Magistrate Hearing
Client was very pleasant gentleman who, while going to the local post office, was accused of assault and battery. He was interviewed by local police and eventually given a summons to appear at a clerk magistrate hearing. In preparation for the hearing, he and Attorney Barabino did an in-depth interview of the entire situation and the background.Additionally, in this case, we submitted a detailed background memorandum of the clients life and his obstacles. After the client was prepared for his anticipated testimony we simply wait for the court date. Today, the Magistrate determined that there was in fact NO PROBABLE Cause for the charge and the matter was withdrawn in it is entirety.

Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

June 10th 2021
Clerk Magistrate Hearing
Assault and Battery
Client was an all-around great person who was charged with Assault and Battery by Police. She had lived her entire life up to this point doing the right thing, working and raising her son and living her life. According to Police, she was in an establishment with her friend and husband when she was got into a fight with another woman who claimed that she was harassing her as well. That woman had filed a harassment order against client that Attorney Barabino represented that case successfully. However, with the Pandemic the criminal charge hearing was delayed, until today. In that hearing Attorney Barabino argued that the charge of Assault and Battery should not go forward. He presented two witnesses and exhibits showing that although client used force it was in self-defense. Also, Attorney Barabino also filed a three-page cross-complaint arguing that charges should be issued against the accuser. In the end, the decision makers listened carefully to the evidence determined that the charge should not issue. And Attorney Barabino withdrew the complaint against the other party as well.
RESULT: Clerk DOES NOT ISSUE the Charge of Assault and Battery Against Client

NO Formal Charges for Assault and Battery Domestic

February 23rd 2021
Assault and Battery Domestic
Client was a wonderfully pleasant man married to an equally wonderfully pleasant wife. According to Police, client was having a nervous breakdown and was engaging in personally harmful behavior and also physical touching on his wife who was the victim in the matter. Client was seen and admitted to mental health hospital, eventually released and engaged in aftercare once released. Also, he stopped drinking and based on the documentary evidence and testimony of his wife, there was an agreement for the charge NOT to be issued. The police did a commendable job that was readily acknowledged by all involved as they showed professionalism and restraint.
RESULT: NO Formal Charges for Assault and Battery Domestic.

Indecent Assault and Battery REDUCED

October 16th 2020
Indecent Assault and Battery
Client was a very pleasant single guy, educated guy with no criminal history. While at a local casino enjoying himself with some friends he was accused of indecent assault and battery. Without delay after speaking with client, Attorney Barabino filed several motions to preserve videotape from the various locations within the casino. The court allowed those motions and the case proceeded through the normal track. The case had complexities since the client didn’t believe any touching occurred and certainly not intentional. Additionally, a security guard said he witnessed the act and adopted the victim’s side of the allegation. A thorough review of eventual footage was recovered and a frame by frame dissection of the video took place by Attorney Barabino. It appeared that the client was slightly intoxicated and simply guided his hand along the wall for support and his hand brushed up against the woman backside. In the end, there was contact even though inadvertent. The Commonwealth reviewed the entire matter in great detail over the course of the year. The Commonwealth and Attorney came to an agreement for a reduction of Indecent Assault and Battery ( Felony) to Assault and Battery (misdemeanor). Also, the assault and battery were a conditional plea where if he successfully completed the period of probation the charge will be dismissed. The period of probation would last a period of 6 months with reasonable conditions.
RESULT: Client REDUCED Sex Charge to Non-Sex Charge.

 Indecent Assault and Battery Investigation CLOSED.

September 25th 2020
Indecent Assault and Battery Investigation Closed
Client was a very bright young man who was alleged to have inappropriately touched a relative on multiple occasions. The police began an investigation. Client retained Attorney Barabino and the process of advocating for client began. As with any allegation, we made contact with the investigators. we assure the police that the lines of communication remain open and should charges be considered we will appear, if requested, in court and no warrant is necessary, among other considerations. Here, we began an elaborate process of educating the investigators of who the client was detailing the background and history of his entire life. We provided a detailed memorandum with significant attachments such as college transcripts among the trove of exhibits. We also supplemented the memorandum with an assortment of affidavits in support of the client’s good character. In the end, no charges have been brought. Case Closed.
RESULT: Indecent Assault and Battery Investigation CLOSED.

Indecent Assault and Batt…

Indecent Assault and Battery

Indecent Assault and Battery Indecent Assault and Battery is one the most serious district court charges that a person in Massachusetts could face. As you might expect, we can break down Indecent Assault and Battery into “assault and battery” and “indecent.” Assault and… Read More

Assault & Battery: No Arraignment, No Charges for Assault and Battery

January 30, 2020
Assault and Battery
Clerk Magistrate Hearing
Client was a very pleasant, young defense industry employee. According to police, client was with his girlfriend and a dog at a dog park when an altercation occurred. Client got upset because his dog was bitten by another. Argument ensued in which dogs needed to be restrained. Eventually, there was a brief physical altercation between the two dog owners. Ultimately, a request was for a clerk magistrate hearing was made, which did in fact occur. Prior to the hearing, Attorney Barabino had client enroll in 10-week anger management online course. At the clerk magistrate hearing, Attorney Barabino and client used a multi-page, detailed background memorandum on client to reach agreement that, in addition to client paying restitution, complaint would not issue.
RESULT: No Arraignment, No Charge for Assault and Battery

Domestic Assault and Battery, DISMISSED.

August 29th 2019
Domestic Assault and Battery
A young married professional was accused of striking his wife. His wife went to the hospital with noticeable swelling on her face. Shortly after the accusation, the Defendant was arrested and charged with domestic assault and battery. Attorney Barabino and client began an exhaustive background summary of client and that material was provided to the District Attorney. In the end, Attorney Barabino placed the matter on for a bench trial before a judge. At that trial, the complainant asserted her marital privilege and the case was dismissed.
RESULT: Domestic Assault and Battery, DISMISSED

NOT-GUILTY of Assault and Battery on a Household Member.  

April 28th 2019
Assault and Battery on a Household Member
Client was a hardworking truck driver that was alleged to have assaulted and battered his ex-girlfriend. According to the ex-girlfriend he got enraged and smashed a coffee pot while they were on their boat. It was alleged that after he smashed the coffee pot, he grabbed the complainant and then held her on the upper chest resulting in her inability to move or strike back. This testimony was challenged by Attorney Barabino on cross-examination. And after the Commonwealth rested their case, Attorney Barabino called his client to the stand. The client was relentlessly and competently cross examined by the District Attorney. In the end, the jury closely listened to all the admissible fact and rendered a verdict of Not-Guilty.
RESULT: NOT- GUILTY of Assault and Battery on a Household Member.

Two Counts of Indecent Assault and Battery, NOT GUILTY

September 13th 2018
Indecent Assault & Battery Under 14
Indecent Assault & Battery Under 14
Client was long-time senior government manager for the Commonwealth of Massachusetts. Highly publicized accusations cost him nearly everything, with even the Governor of Massachusetts making his position on case known to the media. This was the second round of accusations against client of these charges. After three days of trial, 14 witnesses, exhibits, computer evidence, testimony, and the defendant taking the stand in his defense, client received a verdict of "not guilty" on both counts.