May 20th 2021
Assault and Battery (Domestic)
Assault and Battery (Domestic)
Strangulation/Suffocation
Client was a particularly pleasant person. He received notice that he was being summoned into court for arraignment for the felony strangulation and two separate counts of domestic assault and battery. Client had no prior criminal record and had always been a law-abiding person. Attorney Barabino and client’s family began with a comprehensive interview reviewing the client’s entire life history, explaining the process, and developing the defense. Immediately, they had drafted a memorandum of background of the client as well as nearly a half dozen affidavits. Each signed affidavit detailed the client’s reputation for peacefulness. All this was done prior to the arraignment even occurring—so when the day of the arraignment came client and Attorney Barabino were more than ready. A restraining order was issued by agreement which was a strategic move and in doing so no cross examination occurred. Also, Attorney Barabino was successful in allowing the order not to issue for a full year which would have had impacted his license to carry a firearm. Eventually, motions were filed including a detailed motion to dismiss the strangulation charge. As the case proceeded for some time the District Attorney and Attorney Barabino negotiated an agreement to simply drop the strangulation and drop one of the domestic violence charges and leave one charge of domestic violence open for a year with an agreement to dismiss it if he completes five mental health sessions. The client never plead or admitted to any wrongdoing and has no obligation to the court. His future remains preserved. UPDATE 8/25/2021 Client's Restraining Order DISMISSED.
RESULT: Felony Dropped and No Admission to Any Wrongdoing.
