» Disturbing the Peace

Assault and Battery, Disorderly Conduct, NOT GUILTY

February 15, 2018
Disorderly Conduct
Assault on a Household Member
Disturbing the Peace
Client was a hard-working father who had a dispute with his daughter that resulted in him being charged with assault and battery, disturbing the peace, and disorderly conduct. A trial was eventually scheduled and held. There were a number of different versions of the event but the client and his witnesses were consistent on the witness stand with their version of the events. The Commonwealth’s witnesses wavered and were not consistent. As a result, the court delivered not guilty verdicts on the assault and battery and disorderly conduct charges, and only a one-hundred-dollar fine for disturbing the peace.
Result: NOT GUILTY OF ASSAULT AND BATTERY AND DISORDERLY CONDUCT

Assault and Battery on a Police Officer, DISMISSED. Remaining Charges Dismissed if complete 6 months Unsupervised probation

June 28, 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 the accident. There was a dispute as to what happened next, however, the defendant ended 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 the defendant on the ground and 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 the 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 for 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.

Disturbing the Peace, Carrying a Dangerous Weapon, MOTION TO DISMISS ALLOWED, CASE DISMISSED

March 5, 2013
Disturbing the Peace Chapter 272 Section 53
Dangerous Weapon, Carry, Subsequent Offense Chapter 269 Section 10(B) & (D)
Client was a hard-working electrician. He was charged with Disturbing the Peace and Possession of a Dangerous Weapon, Subsequent Offense. The second charge was required to be prosecuted in superior court and state prison was mandatory upon conviction. However, the District Attorney allowed the case to remain in district court and prosecuted it as a first offense. Attorney Barabino filed a Motion to Dismiss the charges in their entirety. The motion, complete with a lengthy memorandum of law and supporting affidavit, was provided to the court and a hearing was scheduled. After the motion, the court agreed that the motion should be allowed and the case dismissed. The District Attorney simply agreed to dismiss the Disturbing the Peace charge after the hearing.
Result: Motion to Dismiss ALLOWED, CASE DISMISSED.