» Assault and Battery

June 28^th 2016
Assault and Battery on a Police Officer
Resisting Arrest
Disturbing the Peace
Client was a hard working waitress who was in a car accident. Police responded to accident. There was a dispute as to what happened next—however the defendant ends up being charged with assault and battery on a police officer, resisting arrest, and disturbing the peace. When police arrived, she was not comfortable with the officers that arrived so she called the police on the police. At that moment, police entered into a struggle with the defendant. The struggle ended up with defendant on the ground and the her being charged with assault on a police officer. Also, the client had two previous charges and admissions to assaulting and battering a police officer in the past. This case went to trial. The experienced district attorney saw that Attorney Barabino was ready and a trial was unavoidable. It was either dismiss the case or a trial. Defense would accept nothing less. Within moments before starting the trial, the district attorney agreed to simply dismiss the charge of assault and battery if client would take a six-month probationary period on the remaining two charges. The probation for the remaining two charges was a “CWOF”, which means continued without a finding, so that at the conclusion of the probationary period the two remaining charges would be dismissed. No Criminal Record and Assault and Battery on the officer.
RESULT: Assault and Battery on a Police Officer, DISMISSED. REMAINING CHARGES DISMISSED UPON CONDITIONS OF SIX MONTHS UNSUPERVISED PROBATION.

June 20^th 2016
Assault and Battery with a Dangerous Weapon
Assault and Battery
Client was accused of fighting an adult and using a knife. Client claimed he defended himself and never possessed the knife. Opposing party called police first, so client targeted by police, using all recourses they had available. Those resources included detailed video interrogations, DNA analysis, fingerprint analysis, as well as out-of-court identification processes. After challenging the detailed and professional job of the prosecutor for nearly a year on various points, a motion to suppress the out of court identification was filed and a hearing date was set. At the hearing, the District Attorney agreed that the motion should be allowed and that it was dispositive to the case. Case Dismissed.
RESULT: ALL CHARGES DROPPED, MOTION TO SUPPRESS.

June 9th 2016
Assault and Battery
Client was a hard working mechanic who was accused by his ex-girlfriend of assaulting and battering her. It was an unfounded accusation. There had been a verbal argument and the uninjured girlfriend made various statements to police. The stories she told police were inconsistent and damaged her already questionable credibility. A trial date was set. The accuser failed to appear so the court had little option but to allow Attorney Barabino’s Motion to Dismiss.
RESULT: Charge of Assault and Battery, DISMISSED.

April 7^th 2016
Assault and Battery
Client was a hard working painter and father to two beautiful children. He also was a long time spouse to equally pleasant woman. When he suspected she was texting a male friend, he took a glass of milk and drenched her in it. He lost his cool and he readily admitted it. There was no marriage waiver to enlist and there was no Fifth Amendment to invoke, so she was summoned to trial. At trial, the defendant's partner was interviewed by the victim witness advocate and the District Attorney. She was adamant that she was not going to participate with this prosecution. The prosecution simply agreed to dismiss the charge in its entirety, moments before the day of trial.
RESULT: Assault and Battery, DISMISSED

March 31^st 2016
Assault and Battery
Client was a young man who had an emotional outburst. Being hard to manage, his mother called the police to give him aid. When police arrived, they witnessed an assault and battery. This was not the first time the police had been to the home. Charges were filed and a clerk magistrate hearing was held to determine if there was: 1) probable cause for the charges to be officially filed; and 2) if probable cause existed could this case be deferred or resolved without criminal charges. Probable cause was found, but based on the complexity of all the issues, age of the child, and background, it was determined that charges would not go forward and none would issue.
RESULT: CHARGES NOT ISSUED.

August 10^th 2015
Assault and Battery
A retired, married client with no previous record was accused of assault and battery on his wife. There had been recent tension in the marriage and an argument became slightly physical with unpermitted touching. No injuries or marks. The touching was brief and modest. After several court dates and a full evaluation of the evidence collected, the Commonwealth agreed that there was no case if the wife asserted her marital privilege. On today's date, she asserted that right and the case was dismissed.
RESULT: Charge of Assault and Battery, DISMISSED

May 21^th 2015
Assault and Battery Chapter
Assault and Battery Chapter
Assault and Battery with Dangerous Weapon
Strangulation or Suffocation
Assault and Battery with Dangerous Weapon
Assault and Battery with Dangerous Weapon
Client had been on probation when he was charged with the above offenses. The Commonwealth sought to invoke a No Bail “58A” detention prior to trial. The probation department also sought a detainer to hold him without bail. He wasn’t going anywhere, and on Attorney Barabino's advice, he advised client not to challenge the hold prior to any trial. The reason not to challenge it was because he would not be successful and it could preserve testimonial evidence against him at trial. That advice proved essential since at trial the Commonwealth was unable to prove their case with the evidence they had. The District Attorney sought a second trial date to obtain prison phone calls. Once that proved unsuccessful, at another trial date, a dismissal of all charges was obtained. The court declined to invoke the suspended sentence on the probation matter. Client was given a very short jail term and will be released within 4-6 weeks, with no convictions.
RESULT: ALL CHARGES DISMISSED. Probation Reinstated with NO IMPOSITION OF TWO-YEAR SUSPENDED SENTENCE.

April 14^th 2015
Assault and Battery
Assault and Battery with a Dangerous Weapon
Client was pleasant and easy-going young father from a supportive and close family. Client was charged with assaulting and battering his girlfriend, two separate counts. According to police, they had come to the couple's home two separate times during one night. The police had suspicions about domestic violence, but no arrests were made. However, police were called a third time after the couple were now in their car arguing on the side of a road nearby. The female had bloodied, swollen eyes, and scratches, and the client had blood on his many rings on his fingers. The police arrested client, and a full evidentiary hearing was held for a dangerous hearing or 58A hearing. At that hearing, the judge heard from many witnesses, including client's sister from Florida. After a hearing, the judge declared that the client should be released pending trial and should not be held without bail. At trial, the commonwealth was unable to move forward with the evidence they had and the court allowed a dismissal of all charges.
RESULT: Dangerous Hearing (58A) SUCCESSFUL, Client Released Pending Trial, CASE DISMISSED.