Assault & Battery on an Elder Person Causing Bodily Injury

April 4th 2023
Assault & Battery on an Elder Person Causing Bodily Injury
Client was a pleasant young man who got into a dispute with his mother. According to the police report son was causing a disruption at his mother’s home. Son had a history of abuse of alcohol though no prior criminal record. Mother called her sister for support and sister then called 911. Police quickly arrived on the scene and mother briefly detailed a brief physical altercation with her son. Those facts were sufficient for the police to arrest son and have him charged with the crime of assault and battery on a person over 60. However, the police charged son with assault and battery on a person over 60 w/injury. The injury part is a much more serious felony offense. When attorney Barabino got the case, the began by drafting a background memorandum on client, a motion to dismiss the “with injury” portion of the criminal complaint and a motion to amend the courts stay away order. After a brief consultation with the DA and the submission of the above legal memorandums, there was an agreement to have a trial readiness date or (“TRC”). This was very advantageous to the client as mother had since recanted her recollection of events and the case would most likely be dismissed since there was no other collateral evidence in this case such as visible injuries, medical records, 3rd party witnesses, or 911 recordings, which is often the case. The district attorneys take every case seriously, but they are particularly attentive to cases involving people who are deemed elderly per the statute. In this matter, the DA was unable to prosecute the case whereas the mother’s testimony was recanted leaving no viable case to prosecute. Case Dismissed and Closed.
RESULT: A/B on Elderly w/Serious Bodily Injury Dismissed.