58A Dangerous Hearing and Dismissal

February 1st 2012
Malicious Destruction of Property Chapter 266 Section 127
Assault and Battery Chapter 265 Section 15
Assault Chapter 265 Section 13A
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16
Client was a kind and considerate businessman who was angry with his ex-wife. According to the police report, he went to his ex-wife’s home in the early morning hours while intoxicated and tried to kick in the door. His repeated kicks were unsuccessful in gaining her attention, so he punched the door until his fist penetrated to the other side. Once he penetrated through the door, he began to tear the door apart until his upper body could fit through. At that time police alleged that he was able to grab the ex-wife’s friend arm leaving a bruise that they photographed. Police state that they approached the Defendant and his body was partially through the door. He refused to obey police commands and was consequentially pepper-sprayed. A 911 tape recorded by the police supported the entire fact pattern which police described. However, despite prior convictions for violating a restraining order and crimes of violence—no jail time was imposed.
RESULT: CLIENT NOT HELD ON DANGEROUSNESS REQUEST/58A and allowed to be released on a electronic monitoring bracelet, Disposition Negotiated, NO JAIL OR SUSPENDED SENTENCE, NO BATTERERS TREATMENT, NO ANGER MANAGEMENT