January 14, 2026
Assault and Battery
Assault and Battery with a Dangerous Weapon
A classy hardworking client had been arrested and charged with Assault and Battery & Assault and Battery with a Dangerous Weapon. The assault and battery is a misdemeanor charge, and the Assault and Battery with a Dangerous Weapon is a felony. The police allege that father and son were wrestling, and when the father became aggressive it resulted in the underage son injuring the left side of his face. Mother was distressed about the incident and applied for and received a restraining order. At the client’s arraignment, the court issued a no-contact order against the father so he could not go home or contact his family. Attorney Barabino sought to reconcile the family without delay and eventually was able to have a motion allowed to remove the no-contact order. At that hearing, the District Attorney was able to interview mother who explained it was an accident and in the end the District Attorney agreed to place it on for a trial viability date. Today, at that date, a brief interview with all the parties resulted in a withdrawal of all the charges. The case is now dismissed and will pose no challenges, including for immigration and naturalization, which was a concern due to his immigration status.
Result: No Immigration Consequences for Felony and Misdemeanor Charge.