August 15, 2023
Assault and Battery
Assault and Battery with a Dangerous Weapon
A young man was given a summons to appear for the charges of assault and battery and (felony) assault and battery with a dangerous weapon. According to the police report, a group of teenagers beat up the complainant. The police report detailed that a particular client ending the fight by punching and them stomping on the other teenager. The young man who was injured had an eye that was completely swollen shut and he was transported via ambulance. The defendant was identified using video which appeared to be uploaded to social media. The defendant did not have a claim of self-defense. Generally, in these circumstances where you have young teens that have fights is not uncommon for the police to file for a clerk magistrate hearing which is a pre-hearing before being formally charged. Since this is a felony charge, the defendant has no legal right to one, but the police can make exceptions to the felony rule and still choose to not have one based on the seriousness of the offense. Attorney Barabino continued to advocate to possibly avoid an arraignment even if thought it wasn’t likely, but he went to the District Attorney (“DA”) prior to the arraignment date and the DA agreed to postpone the hearing. We asked to make an exception for diversion—and they reviewed but the diversion committee rejected it based on a variety of factors. We continued to postpone the arraignment suggesting an alternative. Eventually, we can up with a plan for judicial diversion, but the DA would have to agree to simply dismiss the felony charge before even being arraigned. They agreed. Client then petitioned the court for the alternative diversion with just the one assault and battery and the court allowed the petition. However, a mere day before the end of the diversion he apparently stole some candy and when confronted, threw a rock or other item to smash the storekeeper’s window. However, we postponed the arraignment date for one future date and then today with the storeowner’s theft not appearing to be charged in any way, we re-requested a pre arraignment dismissal—and got one.
RESULT: Child Given 2nd Chance at Life for Provable Felony Offense.
