» Assault with a Dangerous Weapon

Several Charges Dismissed

May 14th 2019
Assault and Battery on a Household Member
Abuse Prevention Order
Assault with a Dangerous Weapon
Client was a very pleasant hard-working alarm specialist. He was charged by police for violation of a restraining order, assault with a dangerous weapon and assault of a family member. According to police, client was driving down the road when his swerved towards his ex-girlfriend and smiled at her Eventually, the case was marked for trial. We confidently expected to show that it did not occur and that this was simply a pattern of the ex-girlfriend’s harassment, deception and jealously toward client. In addition, Attorney Barabino, and client worked together bring in five separate reputation witnesses in furtherance of the defense of the case. In the end, the accuser did not show up for trial and the case was dismissed.
RESULT: All Charges DISMISSED.

Strangulation, RELEASED AT 58A, DISMISSED AT TRIAL

March 8th 2017
Assault and Battery
Assault with Dangerous Weapon
Strangulation or Suffocation
Client was living with his mother and had a history of various criminal offenses. At one point client's step-father called police and filed a restraining order against him. When police interviewed the mother, she reported that the defendant had tried to strangle her two weeks prior. A Dangerous Hearing was held since the District Attorney believed defendant was too dangerous to be considered for bail. Attorney Barabino argued for release and was successful. The case moved to trial. At trial, the lack of available witnesses for the prosecution resulted in Attorney Barabino requesting and receiving a dismissal.
RESULT: RELEASED at Dangerousness Hearing 58A and ALL CHARGES DISMISSED AT TRIAL.

Not Guilty of Attempted Murder and More

August 18th 2016
Attempted Murder
Stalking
Intimidation of a Witness
Assault with a Dangerous Weapon
Assault and Battery
Assault and Battery
Assault and Battery
Client was a young man who was indicted on the above charges. The case involved a variety of legal issues and challenges to prepare the case for trial, which occurred over a two-year period. In addition to various discoveries, Attorney Barabino had physician expert on standby ready to testify for the defense. After four days of trial, the jury returned verdict of not guilty on all counts, with the exception of two misdemeanors.
RESULT: Jury Verdict: NOT-GUILTY OF ATTEMPTED MURDER, STALKING, INTIMIDATION OF A WITNESS, ASSAULT AND BATTERY AND ASSAULT WITH A DANGEROUS WEAPON.

Assault w/ a Dangerous Weapon, NO CRIMINAL COMPLAINT ISSUED

October 17th 2014
Assault with a Dangerous Weapon
Client was a hardworking cleaner with three children. She had a boyfriend who had a hard time letting go of their relationship and accused her of waving a knife at him. The police performed a thorough investigation, which was helpful to client. A Clerk's Hearing was ordered and at the hearing Clerk declined to issue the complaint. Although the hearing lasted fifteen minutes or less, Attorney Barabino and client had prepared nearly an entire day's worth of effort collecting documents and interviewing witnesses. In the end, the Complaint did not issue.
RESULT: NO CRIMINAL COMPLAINT ISSUED.

NOT GUILTY ASSAULT AND BATTERY, ATTEMPTED MURDER DISMISSED

September 4th 2013
Negligent Operation of Motor Vehicle
Speeding in Violation of Special Regulation
License Suspended, Operation Motor Vehicle, Subsequent Offense
Assault with a Dangerous Weapon
Resisting Arrest
Attempted Murder
Client was a hardworking father and employee who required representation for several charges. According to police he was a member of a reputed motorcycle gang and was intent on killing a high-ranking member of the local police force. The client was charged with Attempted Murder, Assault and Battery with a Dangerous Weapon, Assault and Battery on a Police Officer, Negligent Operation of a Motor Vehicle, Operating with a Suspended Licenses Subsequent Offense, Resisting Arrest and some civil ordinance violations. According to police, he tried to evade a stop, and tried to kill the officer with his motorcycle and upon being physically stopped tried to assault and beat the officer and resist arrest. A struggle lasted in what the District Attorney stated was one of this officer's most violent struggles. At one point the police alleged that he came dangerously close to his firearm. Eventually, the struggle ended and client was charged with the crimes noted above. Attorney Barabino and client moved through the court process, which the Attempted Murder was first dismissed and no indictment occurred. The matter resolved in District Court and the jury concluded that despite all the allegations, the Commonwealth did not prove that client intended to harm anyone.
RESULT: NOT-GUILTY on Assault and Battery with a D/W, Attempted Murder DISMISSED, License Suspension Subsequent DISMISSED, Assault and Battery on Police Officer DISMISSED after Verdict MISTRIAL.

Assault with a Dangerous Weapon, Disorderly Conduct, MOTION TO SUPPRESS ALLOWED, ASSAULT WITH A DANGEROUS WEAPON DROPPED

April 12th 2012
Assault with a Dangerous Weapon Chapter 265 Section 15B (b)
Disorderly Conduct Chapter 272 Section 53
Client was unemployed and was charged with Assault with a Dangerous Weapon as well as Disorderly Conduct. Police allege that he was purchasing alcohol when he had a dispute with another gentleman and that man's female friend. Eventually a knife was alleged to have been displayed by client and client was subsequently arrested. Initially, client refused to admit to wrongdoing to the police—yet when police interviewed him a second time, he admitted threatening the other man. However, when police interviewed client that second time, he was not given his Miranda Rights. When that was discovered, Attorney Barabino filed for a Motion to Suppress all the statements made, since the police did not “mirandize” client. The court, after reviewing and hearing testimony, agreed with Attorney Barabino and allowed his Motion to Suppress the admission of guilt. At the day of trial, the witnesses recanted their testimony---the District Attorney simply dropped the charge of Assault with a Dangerous Weapon.
RESULT: Motion to Suppress, ALLOWED, Assault with a Dangerous Weapon, DROPPED.