May 24, 2012
Assault and Battery Chapter 265 Section 15?
Breaking and Entering in the Nighttime for Felony Chapter 266 Section 16
Vandalize Property Chapter 266 Section 126A
Intimidation of a Witness Chapter 268 Section 13b
Assault with a Dangerous Weapon Chapter 265 Section 15B
Client was a laid off manufacturing employee who had a rocky relationship with his daughter’s mother. According to police and his police record, the client has been accused of assaulting her in the past. In fact, she and her child were placed in a residential location paid for via the Commonwealth based on her alleged fear of the client. On this occasion, daughter's mother claimed that the client was able to locate her from an unknown source and when he knocked on her door he pushed himself in the room. Once inside the room, he held her down on the bed and punched her twice in the face. After this struggle, the report stated that he broke two telephones and assaulted her child. Once over, he left the premises and she, exhausted and out of breath, called 911. She informed the police of what had occurred and they placed a warrant out for the client's arrest. Once arrested, a separate hearing was requested from the District Attorney’s office called a 58A. The purpose of the 58A was to see if bail should even be a consideration in this case. The District Attorney was successful and the client was detained until trial. Attorney Barabino and his client had one alternative for the District Attorney to consider. That was drop all the charges or fill in the jury box. No deal was reached. Defense knew that what the alleged victims had told police could be defended in court and there was another story to be told. At the day of trial, Attorney Barabino and his client rejected all offers for a deal. However, as the trial was moments away from beginning, there was one offer the client could not say no to. The offer was to drop five of the six charges in their entirety and the one charge of assault and battery to continue without a finding, which simply means that if the client completes the term of probation the one charge will be dismissed.
Result: FIVE OUT OF SIX CHARGES DROPPED. CONDITIONAL DISMISSAL OF MISDEMEANOR.
