September 22, 2022
Strangulation/Suffocation
Assault and Battery
Probation Violation
Client was a pleasant young electrician who was charged with assault and battery and strangulation on a family member. According to police, client began a physical interaction with his brother without his brother’s consent where the elements of strangulation occurred. Police were called in the early morning hours and the police had bodycam activated which did not provide anything that would be helpful to the client’s defense; aside from confirming that client was highly intoxicated. Anytime an allegation of strangulations is made it is highly problematic as this felony draws the attention of prosecutors in every venue. In this case, the facts of the event were manageable, but what was concerning was the client was on probation for a crime of aggression. So, at arraignment on this charge the probation department asked for my client to be held in jail pending the final probation surrender hearing. A hearing was held, and the court ruled with Attorney Barabino that client will NOT be held. The case continued with much negoiations and updates with all the departments involved. Client was placed on therapy and successfully maintained an alcohol-free regimen. In the end, the probation department didn’t sentence client to jail, nor did they convert his case to a guilty status. They simply extended probation for a period of a little more than six months at which time the underlying charges will be dismissed. And more importantly, the District Attorney agreed to Dismiss the felony strangulation with no admission of wrongdoing if client continues his probation matter successfully.
RESULT: No Admission to Wrongdoing or Guilt & No Conviction on Probation Matter.
