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 offenses, 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 brakes 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 and remained a witness for 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 finding on misdemeanor negligent driving.
Result: Conditional Dismissal if Completes Probation on Assault and Battery
