December 8th 2022
Assault and Battery
Assault w/Dangerous Weapon
A hard working business owner was charged with assault and battery and assault with a dangerous weapon. According to police, the client was trying to get adult son up for school and an incident occurred where the elements of a criminal act occurred. Eventually, father grabbed a stick which is technically determined to be a “dangerous weapon” under the law and chased son down the street. Client wanted what Attorney Barabino wanted which was a full dismissal, without the possible consequences of any trial. If the case went to trial, father had a defense of parental discipline, but if a judge or a jury was not persuaded then the outcome, that would be a felony conviction and the possibility of jail. Attorney Barabino developed background affidavits on each family member to provide to the District Attorney and also organized the discovery provided. The reasonable and understandable district attorney agreed to place the case on trial readiness conference at which time the case was entirely dismissed.
RESULT: Felony Dismissal at Trial Readiness Hearing.