March 3, 2010
Assault with a Dangerous Weapon
According to police, the client was alleged to be drinking around a fire in a backyard when he grabbed a cinder block and threw it at a fellow partygoer’s jaw. The impact of the cinder block resulted in knocking the person unconscious and leaving him with a deep laceration on his chin. As a result of the client’s actions, the victim’s friend came to his aid and began punching the client in his face. The repeated blows to the client's face resulted in a broken nose and loss of blood. The police also maintained that the client was physically able to retaliate against the victim’s friend by hitting him with a chair. After this chaotic event, the client was charged with the above crimes. After arraignment, Attorney Barabino filed charges against the other two parties. The application for charges was denied by the clerk of the court. Attorney Barabino filed an appeal and his appeal was successful for one of the two other involved parties. The case proceeded forward to trial. At trial, one of the two parties was unavailable, resulting in a dismissal of one of the charges. Regarding the second charge, Attorney Barabino’s client asserted his Fifth Amendment right. The other party responded by doing the same. The result of the process resulted in both charges against the client being dismissed.
Result: CASE DISMISSED
