Assault and Battery with A Dangerous Weapon Magistrate Hearing

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.