Case Results » Assault and Battery By Means of a Dangerous Weapon Laws

  • Charges Of Domestic Assault By Means Of A Dangerous Weapon Dismissed Against Client

    On Christmas Eve an upset spouse called the police claiming that his wife assaulted him with a knife. When the police arrived the husband "changed his story". The woman was arrested and charged with domestic assault by means of a dangerous weapon. Ultimately, the pair described the incident as a simple misunderstanding. Attorney McCarthy negotiated the dismissal of the charges against the defendant. Due to Attorney McCarthy's persistent advocacy the case was dismissed on the first court appearance following the arraignment.

  • Felony Assault And Battery By Means Of A Dangerous Weapon And Misdemeanor Assault And Battery/Domestic Violence Case Dismissed Against Client

    The defendant and her boyfriend had a disagreement after a night out. The client had initially contacted the police claiming that her boyfriend had abused her. After interviewing the parties, the girlfriend was ultimately arrested and charged with a felony count of assault and battery by means of a dangerous weapon to with a knife and assault and battery. Attorney McCarthy conducted pre-trial interviews of the witnesses and moved for the case to be dismissed at a pre-trial hearing. The Judge allowed the motion and the case was dismissed against the client.

  • Domestic Case Dismissed Against Client Charged With Felony Count Of Assault With A Dangerous Weapon and Assault And Battery

    The police were called to a home because of a report of a fight that left a person with a stab wound. When the police arrived they interviewed a number of individuals at the scene. The occupant of the home, and the defendant's brother, claimed that the defendant came to his home and attacked him with a knife. Despite the fact that the defendant was the one with a knife injury to the inside of this hand, the police arrested the defendant and charged him with assault by means of a dangerous weapon to wit a knife and assault and battery.

    Attorney McCarthy investigated the circumstances surrounding the case and prepared for trial. Based on the injuries to the defendant and independent eyewitness accounts prepared to prove that the defendant was actually the victim and was acting in self-defense. The District Attorney's Office was NOT ready for trial. Attorney McCarthy answered ready for trial and moved for a dismissal of all charges. The judge allowed the motion and all charges against the defendant were dropped.

  • Assault And Battery And Assault By Means Of A Dangerous Weapon Charges Dismissed Against Defendant

    The defendant's wife claimed that following a physical altercation the defendant pushed her on the ground and slammed her head into the floor multiple times. Despite the fact that the defendant denied the allegations, he was arrested and charged with domestic assault and battery and a felony count of assault by means of a dangerous weapon.

    After thoroughly investigating the case, Attorney McCarthy requested a quick trial date. The defense answered ready for trial. The Commonwealth answered not ready for trial and the judge dismissed the case for want of prosecution.

  • Charge Of Leaving The Scene Of An Accident Dismissed Against Businessman

    The police received calls from witnesses that a male driver struck another car on the highway and was driving "erratic like an idiot." A concerned citizen followed the car and got the license plate. The police eventually spoke to the registered owner of the car who admitted to driving the car but denied any knowledge of hitting another vehicle. The defendant was charged with leaving the scene of an accident after causing property damage and negligent operation of a motor vehicle.

    Attorney McCarthy filed a motion for a non-suggestive identification procedure to determine whether any of the witnesses would be able to identify the defendant as the driver of the car. Although one witness could positively identify the defendant as the driver, Attorney McCarthy negotiated a disposition whereby the leaving the scene of an accident charge was dismissed and the negligent operation of a motor vehicle is to be dismissed in a few months provided the defendant satisfies certain conditions.

  • Felony Charge Of Assault And Battery By Means Of A Dangerous Weapon And Related Charges To Be Dismissed Against Defendant

    The police report alleged that the police responded to a local establishment due to complaints regarding an intoxicated woman. According to the police report, witnesses claimed that the patron drank too much alcohol and was attempting to drive home. The police maintained that after the police officers tried to calm the woman down, she kicked a police officer and refused to be placed under arrest for disorderly person. The defendant was ultimately charged with disorderly conduct, resisting arrest, assault and battery on a police officer and assault and battery by means of a dangerous weapon. Attorney McCarthy negotiated a disposition whereby as long as the defendant does not get rearrested for one year the case will be dismissed.

  • Felony Charge of Assault And Battery With A Dangerous Weapon Dismissed And Misdemeanor Assault and Battery to Be Dismissed

    According to the police report, police responded to radio call for a fight in down town Boston. Apparently, Samaritans allegedly witnessed a male "throwing a blow" to a woman in the head area. It was also reported that the defendant kicked the victim after she fell to the ground.

    Attorney McCarthy successfully negotiated the straight dismissal of the felony assault and battery by means of a dangerous weapon. The misdemeanor count of assault and battery will be dismissed in one year provided the defendant has not further incidents with law enforcement. Once this occurs, the defendant will avoid having a criminal record as a result of this incident.

  • Charges of Assault and Battery and Assault and Battery By Means of a Dangerous Weapon Dismissed Against A Juvenile/Initial Case

    The police alleged that in a local school a juvenile engaged in a physical altercation against two other students. According to the police report, a verbal exchange escalated into fists being thrown. Apparently, there were "ongoing issues" between the parties. Two of the three students were charged with criminal offenses. A complaint issued charging the juvenile with assault and battery and assault and battery by means of a dangerous weapon. On the day of trial both juveniles asserted their Fifth Amendment privilege not to incriminate themselves and the charges were dismissed.

  • Three Felony Charges and Two Misdemeanor Charges Dismissed Against A Juvenile Pursuant to Attorney McCarthy's Motion to Dismiss For The Failure of The Commonwealth to Establish "Probable Cause"/Initial Case

    Complaints issued charging a juvenile with two felony counts of breaking and entering a building in the night time with intent to commit a felony, two counts of willful and malicious destruction of buildings and receiving stolen property with a value exceeding $250.00. The police sought a complaint against the defendant and others based on information provide by unnamed informants and unreliable hearsay. Attorney McCarthy filed a Motion to Dismiss claiming that the information submitted in support of the application for complaint was deficient. Specifically, she argued that these documents fell far short of establishing probable cause to charge the juvenile. Following a lengthy hearing the judge agreed and ordered the dismissal of all of the charges against the juvenile.

  • Charges of assault and battery, assault and battery by means of a dangerous weapon, operating after license was suspended and possession of a class A substance to be dismissed/Initial Case

    The police responded to a local shopping Mall for a report of a disturbance in the area of one of the restaurants. The police approached the defendant and another person that, according to the police report, appeared to have "track marks" on their arms, were sweating profusely and acting in an excited manner. The police were aware of a history of drug use by the defendant. The police approached the pair and conducted a frisk of the defendant which led to the recovery of a hypodermic needle and syringe with Heroin in the needle cap. An inventory search of the defendant's car uncovered a bottle of alcohol. The defendant was not twenty-one and was charged with being a minor in possession of alcohol and possession of heroin. At the time of the defendant's arrest he was on probation for assault and battery, assault and battery by means of a dangerous weapon, assault by means of a dangerous weapon, operating after his license was suspended and possession of a class A substance. The probation department was looking to surrender the defendant and have the court enter guilty findings on these offenses and the new offense. Attorney McCarthy successfully negotiated a resolution of the cases whereby the defendant will not have a criminal record and all of the charges will be dismissed in one year provided the defendant stays out of trouble and fulfills agreed upon conditions.

  • Old Warrant Charging Defendant With Assault By Means Of A Dangerous Weapon Against Out Of State Defendant Recalled And Case Dismissed

    An out of state defendant became aware of a Massachusetts warrant that issued against him approximately twenty years ago for a felony charge of assault by means of a dangerous weapon. The Commonwealth claimed that the defendant was involved in an incident whereby a knife was yielded at a victim. Attorney McCarthy investigated the circumstances surrounding the charges. Following negotiations with the District Attorney's Office the warrant was ultimately recalled against the defendant and the case was dismissed.