October 16th 2020
Indecent Assault and Battery
Client was a very pleasant single guy, educated guy with no criminal history. While at a local casino enjoying himself with some friends he was accused of indecent assault and battery. Without delay after speaking with client, Attorney Barabino filed several motions to preserve videotape from the various locations within the casino. The court allowed those motions and the case proceeded through the normal track. The case had complexities since the client didn’t believe any touching occurred and certainly not intentional. Additionally, a security guard said he witnessed the act and adopted the victim’s side of the allegation. A thorough review of eventual footage was recovered and a frame by frame dissection of the video took place by Attorney Barabino. It appeared that the client was slightly intoxicated and simply guided his hand along the wall for support and his hand brushed up against the woman backside. In the end, there was contact even though inadvertent. The Commonwealth reviewed the entire matter in great detail over the course of the year. The Commonwealth and Attorney came to an agreement for a reduction of Indecent Assault and Battery ( Felony) to Assault and Battery (misdemeanor). Also, the assault and battery were a conditional plea where if he successfully completed the period of probation the charge will be dismissed. The period of probation would last a period of 6 months with reasonable conditions.
RESULT: Client REDUCED Sex Charge to Non-Sex Charge.
