January 18, 2023
Assault and Battery w/Dangerous Weapon
Assault and Battery
Young Teenager was charged with Assault and Battery (misdemeanor) and Assault with a Dangerous Weapon. (Felony). According to the Police report, they were called to the scene of a prior altercation and found a young teenager who reluctantly cooperated with the police inquiry as to why his left eye was swollen shut. The young man explained to police that 5/6 kids began hitting him and throwing him to the ground and said one had a knife. The young man relayed what occurred from the day before where there was another police report and within that report there was a statement from a witness that a small handgun was present with the young men. In developing the information from the young man who is the named victim & witnesses, the client was one of several boys who punched the victim in the face and stomped on him when he was on the ground. Also, there was video of the incident where an identification of the client was made. The police then filed the criminal complaint against the client and since it was a felony charge he did not get a clerk magistrate hearing. Attorney Barabino began by going to the court in person and meeting with the District Attorney, as well as gathering the police reports(s). From there, meetings and consultations with the client and his extended and supportive family. He developed affidavits and background information. On the day of arraignment, the co-defendant(s) were formally charged—but Attorney Barabino’s client was not and considered for juvenile diversion. After many weeks, the diversion committee rejected the District Attorneys request for Diversion. Then Attorney Barabino filed for what is called Judicial Diversion on for partial charges he would be arraigned on (with a suggestion) that (maybe) there would be a future reduction of the felony charge. His suggestion was fruitful and successful. After yet another date, there was the day of arraignment and there was an agreement for a 6-month continuance to delay the arraignment with the expectation that if he remains in no-contact the charges will be dismissed, pre-arraignment, meaning client is never formally charged. RESULT: No Charging of Felony or Misdemeanor, No Record of Criminal Accusation(s). Co-Defendant Charged, Client is not.