Case Results » Assault and Battery

  • Clerk Denies Application For Criminal Complaint Charging Assault And Battery

    A driver became annoyed when another motorist was discharging passengers in the middle of the street. After exchanging harsh words, the motorist began following the driver. Unfortunately an altercation ensued that resulted in the driver being charged with assault and battery. The charge stemmed from the motorist claiming that the driver spit at him during a confrontation.

    The driver received a summons for criminal complaint for assault and battery. Prior to the hearing the driver represented his version of events that included the motorist making racially improper statements to him and committing and assault and battery on him. A hearing was scheduled for the cross-complaints to be heard by a clerk magistrate. Following the hearing the client, driver, walked away without being charged with a crime.

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  • Assault And Battery Charge Dismissed Prior To Arraignment

    Following a clerk-magistrate's hearing a clerk issued a complaint that charged the defendant with assault and battery. The charge stemmed from an altercation that occurred at a local gym. Unfortunately, both participants were charged with the same crime.

    Prior to arraignment, Attorney McCarthy reached out to the prosecuting attorney and explained that at this time neither party wanted to pursue the charges. Although the case was the "Commonwealth's case" and not the parties, the prosecutor agreed not to prosecute as each individual had a 5th Amendment privilege not to testify. Resolving the case in this manner, early and prior to arraignment, ensures that the case will NEVER appear on a background check.

    Read More in Clerk Magistrate Hearings

  • Case To Be Dismissed Against Client Charged With Assault And Battery

    A pedestrian crossing the street congested with traffic became annoyed with the situation and started banging on the vehicles. One annoyed driver told him to stop it and the pedestrian responded by becoming aggressive. Following a verbal exchange the aggravated driver pushed the pedestrian and the former left the area. The police eventually tracked the driver down and he was summonsed to court and charged with assault and battery [M.G.L. ch. 265 section 13A].

    The prosecutor wanted a guilty finding to enter and the young defendant to be put on a long term of probation with onerous conditions. Attorney McCarthy stressed the defendant's lack of criminal record, education and commitment to work. The judge continued the case for a period of time to be dismissed provided the defendant does not get in any trouble. The defendant left the courthouse without any criminal conviction.

    Read More in Violent Crimes

  • Assault Case To Be Dismissed Against Client

    The complaining witness alleged that the defendant spit in his water bottle at work. A complaint issued against the defendant charging him with assault. The Commonwealth's theory was that the defendant expected the plaintiff to drink from the bottle that he spit. Massachusetts case law has established that spitting on another person is a battery. Along that line of reasoning, spitting in a bottle with the expectation that someone would drink from it was an attempted battery or assault [M.G.L. ch.265 13A].

    Our office filed a motion to dismiss and outlined the history between the parties to the motion judge. After hearing the arguments, the judge continued the case for a period of time. The case will be dismissed as long as the defendant does NOT get charged with another crime. The defendant walked out of the courthouse without a conviction. This was the case in spite of the fact that the Commonwealth was initially asking that the defendant serve time-even though the plaintiff NEVER drank from the bottle.

    Read More in Violent Crimes

  • Felony And Misdemeanor Counts Of Breaking And Entering In the Daytime [M.G.L. ch. 266 section 18], Assault And Battery [M.G.L. ch. 265 section 13A (a)], Witness Intimidation [M.G.L. ch. 268 Section 13B], and Assault and Battery By Means Of A Dangerous Weapon [M.G.L. ch.265 Section 15B(b)] Dismissed Prior To Trial

    According to the police report, an adult child called the police reporting that her parent broke into her apartment and assaulted her. Based on the report of the upset woman the police arrested her mother. There were no independent witnesses to the incident.  Concerned about the effect that the arrest and any type of conviction would have on her professional record, the defendant retained Attorney McCarthy to represent her.

    Appreciating the client's desire to have the case resolved in a timely manner a quick trial date was selected.  Attorney McCarthy answered ready for trial. The complaining witness appeared in Court represented by a different attorney. Through counsel the witness invoked her state and federal Fifth Amendment Constitutional Rights not to testify because she may incriminate herself. Attorney McCarthy successfully maintained that the admission of any of her out of court statements were barred because the admission would violates her client's rights against cross examination. The Court agreed and the case was dismissed.

    Read More in Intimidation of a Witness

  • Non-Citizen Client Receives Pre-Trial Probation For Disorderly Person [M.G.L. ch. 272 section 53], Assault and Battery on a Police Officer [M.G.L. ch. 265 section 13D] and Assault and Battery [M.G.L. ch. 265 section 13A]

    An evening of celebration turned ugly when a young woman became intoxicated and unruly in a downtown bar. According to the police report, when the officers arrived the suspect appeared intoxicated, disheveled and was screaming incoherently. When staff members would not allow the uncooperative patron back into the establishment an altercation ensued that ended with the client in handcuffs and under arrest facing a number of criminal charges.

    Recognizing that any type of conviction or admission could potentially be problem for the non-citizen defendant's attempt to become a U.S. citizen, Attorney McCarthy engaged in lengthy negotiations with the District Attorney's Office to effect a disposition that would minimize any negative effect on the client's attempts to secure U.S. citizenship. Following months of conversation and negotiation the District Attorney's Office ultimately agreed to a term of pre-trial probation [thus, the client did NOT have to admit to any facts]. Provided the client fulfills the terms of the pre-trial probation the case will be dismissed and will not affect the client's efforts to become a United States Citizen.

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  • Successful Businessman Charged With Disorderly Conduct And Assault And Battery On A Train Conductor Avoids Arraignment

    After a long day at work, a tired passenger became upset when the Train Conductor missed his stop. The Conductor alleged that the disgruntled customer became enraged and disorderly and ultimately struck him in his futile attempt to get off of the train. A bad day became worse for the tired patron when the police arrested him which made his last stop the police station.

    Our office appeared in the local district court for the client's arraignment the following morning. The defendant faced charges of assault and battery [M.G.L ch. 265 Section 13A] and being a disorderly person [M.G.L. ch. 272 Section 53]. Chalking the experience up as an aberration, Attorney McCarthy negotiated a disposition in which the criminal charges were dismissed PRIOR TO ARRAIGNMENT provided the client completed community service. As a result of this disposition the client avoided the creation of a Board Of Probation record.

    Read More in Violent Crimes

  • Criminal Assault And Battery Case Dismissed Prior To Trial

    What was expected to be a relaxing and fun night out on the town took a bad turn when an individual accused a patron of a local restaurant of assault and battery. [M.G.L. ch. 265 section 13A]. Based on a hasty identification of the defendant as the perpetrator he was arrested and charged with the criminal offense.

    The defendant secured our office to represent him and we immediately went to work investigating the circumstances of the incident and the protocol employed relative to the identification of the defendant as the perpetrator. After reviewing the discovery and realizing that the Commonwealth had a weak case, our office selected a quick trial date. On the day of trial Attorney McCarthy answered ready for trial. Unable to produce evidence, the Commonwealth answered not ready for trial and the case was dismissed.

    Read More in Violent Crimes

  • Clerk Denied Issuing Assault And Battery Charge

    What started as a New Year's Eve celebration in a downtown Boston bar turned into a major headache for a young couple. The pair began the evening celebrating with friends and ended it being escorted out of the bar. An intoxicated patron was harassing the woman and her boyfriend stepped in to protect her. An altercation took place, which ended with all parties leaving the establishment. A few weeks later the boyfriend received a summons for a clerk-magistrate's hearing for assault and battery.

    The client contacted our office and the investigation began immediately. Our office engaged in lengthy conversations with the client and got witness statements that corroborated the client's position that he was protecting himself and his girlfriend. Armed with this information, Attorney McCarthy presented the client's defense and the clerk did not issue the criminal complaint for assault and battery. The client avoided appearing before a judge and nothing will appear on his criminal history in the event a background check is done on him.

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  • 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.

  • Client Avoids Conviction For Domestic Assault And Battery

    The defendant, a successful businessman, was arrested and charged with domestic assault and battery on his live in girlfriend following a dispute in their home. Following a family party, the complaining witness alleged that her boyfriend pulled her shirt and hair. She further alleged that he pushed her on the bed twice and blocked the door of the bedroom so that she could not leave. According to the police report, when she left the house she slipped on some ice and was treated at the hospital for injuries. The defendant was arrested and in addition to facing criminal charges a 209A restraining order was lodged against him.

    Attorney McCarthy conducted extensive investigation relative to the circumstances that led up to the defendant's arrest. The District Attorney's Office ultimately agreed to continue the case for a period of time and provided the defendant does not get rearrested and abides by certain conditions the case will be dismissed.

  • Count Of Operating Under The Influence Of Drugs Dismissed

    According to the police report, a police officer conducting a stationary radar observed a car traveling eighteen miles per hour over the speed limit. Upon pulling the car over the officer smelled a strong odor of marijuana. The driver appeared to have red glassy eyes and admitted to smoking marijuana while driving. Ultimately, the car was search and marijuana, a glass pipe and a liter bottle of alcohol. The driver and the passenger were both under twenty-one years old. After the officer conducted "sobriety tests," the driver was arrested and charged with operating a motor vehicle while under the influence of drugs and being a minor in possession of alcohol. After a number of pre-trial hearings and motions, the District Attorney's office dismissed the count of operating under the influence of drugs and the defendant received a continuance without a finding on a count of negligently operating a motor vehicle and being a minor in possession of alcohol. Provided the defendant does not get in any trouble for one year, the case will be dismissed.

  • Domestic Assault And Battery Count Dismissed Against Female Defendant

    The police received a call from a teenager that her mother had hit her father. The police tracked down the address of the caller, who was not home when the police arrived. After interviewing the parents, the caller's mother was arrested for committing an assault and battery on her husband, who was shocked at his wife's arrest. Attorney McCarthy appeared at the arraignment and the case against the woman was dismissed. The defendant was not required to return to court for any future hearing.

  • Attorney McCarthy Negotiates Pre-Trial Probation For Defendant On A Work Visa

    The police alleged that the defendant kicked in a door to a pizza shop in the early morning hours. The defendant was identified by the shop owner and employees in the shop. The defendant was placed under arrest and charged with a felony count of malicious destruction of property valued at over $250.00. The defendant was in the United States on a work VISA and a conviction or admission for this type of felony would make him inadmissible to the United States in the event that the left and wanted to return. After lengthy negotiations, the District Attorney's Office agreed to place the defendant on pre-trial probation with the agreement that the case would be dismissed upon the payment of restitution and provided that the defendant does not get rearrested.

  • Nolle Pros Entered On Case Of Domestic Assault And Battery

    A neighbor called the police stating that she heard a female voice screaming for help. The concerned citizen described the location from which she believed the pleas were coming from and the building she thought she saw the female enter. There was no indication that anyone entered the building with her.

    Police officers combed the area and eventually entered the defendant's apartment building. The officers forcefully entered the building and entered the defendant's apartment without his permission. Upon entering they saw a woman with some scrapes. She denied that the defendant touched her. After further questioning the woman stated that the defendant pushed her. The defendant was arrested and charged with assault and battery.

    Attorney McCarthy conducted an extensive pre-trial investigation and filed a number of pre-trial motions including and evidentiary motion to dismiss. The District Attorney's Office ultimately entered a Nolle Pros and the defendant walked out of the courtroom without any type of admission or conviction.

  • 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.

  • Judge Dismisses Domestic Assault And Battery Charge Against Local Businessman

    The defendant was charged with assault and battery following a domestic dispute that the complaining witness claimed turned physical. The witness claimed that the client and another co-defendant cursed at her and struck her causing injuries to her face. Witnesses were interviewed and the case was investigated with the expectation that the client would go to trial and be found not guilty. After thoroughly preparing, Attorney McCarthy answered ready for trial on two occasions. When the Commonwealth was not prepared on the second trial date the judge allowed Attorney McCarthy's motion to dismiss.

  • Client Avoids Facing Criminal Charges For Assault And Battery Following A Criminal Complaint Hearing

    A civilian complainant filed for criminal charges of assault and battery alleging that the defendant pushed and intimidated him following a civil claims magistrate hearing. The defendant retained the services of Attorney McCarthy who represented the defendant during the criminal clerk's hearing. Following the hearing the clerk declined to issue the complaint and the defendant avoided facing a criminal charge of assault and battery.

  • Case Of Domestic Assault And Battery To Be Dismissed Against Defendant

    The police responded to a home for what they believed was a "breaking and entering in progress." Upon the arrival of the officers, the caller eventually informed the police that her husband had hit her in the face. The officers observed injuries on the woman's face and legs. The police alleged that the defendant "appeared intoxicated."

    Despite the initial recommendation that the defendant/husband be held on high bail he was released on the condition that he submit to random alcohol testing. After Attorney McCarthy was retained she successfully argued to have the "stay away" portion of the pre-trial conditions lifted.

    Although the District Attorney's Office recommended that the defendant serve a committed sentence, Attorney McCarthy successfully argued for the case to be dismissed provided that the defendant satisfied certain conditions.

  • Businessman Receives Pre-Trial Probation For Assault, Resisting Arrest And Related Charges

    The attention of an undercover police officer was drawn to a man "standing in the middle of Huntington Avenue" and refusing to move. The man refused to get out of the street and fight with the officer. According to the police report, another individual came over and also became aggressive with the police. The officers felt that the safety of the defendant and other individuals was in jeopardy and removed the individuals from the street.

    Investigation revealed that the pair had allegedly refused to pay a taxi fare and one of the men assaulted the taxi driver. Both men were arrested and our client was charged with assault, resisting arrest, disorderly person and evading a taxi fare. Any type of conviction or admission could result in repercussions to the client's employment. Attorney McCarthy aggressively pursued a disposition whereby the defendant would be placed on a short period of pre-trial probation. The defendant did receive pre-trial probation and the case will be dismissed after six months without him having to tender any type of admission.

  • Felony Charge Of Assault And Battery By Means Of A Dangerous Weapon Dismissed Against Defendant On The Day Of Trial

    The Police responded to a residence as the result of a call for a "past assault and battery by means of a dangerous weapon." Upon arrival they spoke to the complaining witness and ex-boyfriend of the defendant who claimed that his ex-girlfriend stabbed him with a knife. The police indicated that when they responded there was a "large quantity of blood on the floor of the apartment, inside the doorway and on the front exterior step. He claimed that his former love interest was aiming a ten inch knife at his chest which he grabbed causing injury to his right hand.

    After a knife was discovered in the ex-girlfriend's car, she quickly became the defendant. Conviction of this felony offense could result in a defendant spending two and one half years in jail. Attorney McCarthy conducted extensive pre-trial interviews and investigation With a number of witnesses summonsed and ready to testify on the day of trial the defense answered ready for trial. The Commonwealth answered not ready for trial and the case against the defendant was dismissed.

  • Two Counts Of Assault And Battery To Be Dismissed Against Army Reservist

    On New Year's Eve the defendant, serving in the Army Reserves, was arrested and charged with two counts of assault and battery and one count of assault and battery on a public employee. The police report alleged that the defendant punched a woman in the face and bit her boyfriend's hand as the couple attempted to enter a cab after leaving a downtown bar on New Year's Eve. The victims received medical attention. Despite a moving victim impact statement at the defendant's hearing, after lengthy negotiations the Court agreed to dismiss the case against the defendant provided he satisfies certain conditions and does not get rearrested.

  • Operating After Suspension Charge Dismissed Against Defendant

    A defendant, living in another state, realized that a Massachusetts warrant was lodge against him that alleged he had a pending case of operating under the influence of alcohol in a Massachusetts District Court. Attorney McCarthy investigated the claim and determined that the charge was incorrectly reflected as an operating under the influence on the defendant's record. The correct charge should have been "operating after suspension." During a court hearing the defendant's record was corrected and the case was dismissed against the defendant.

  • Attorney McCarthy Successfully Prevents Issuance Of Criminal Complaint For Assault And Battery Against Local Businessman Following A Clerk's Hearing

    The application for complaint alleged that the defendant, a local successful businessman, was observed harassing customers at a downtown pub and refused to leave. The victim/Manager attempted to intervene after the patron/defendant refused to leave. The Manager claimed that the defendant bit his hand during a physical altercation. Attorney McCarthy successfully negotiated a disposition whereby the clerk did not issue the complaint provided the defendant stays away from the bar.

  • Attorney McCarthy Secures Dismissal Of Assault And Battery On A Police Officer And Disorderly Person Charges Stemming From An Incident At Logan Airport

    The police report alleged that the defendant and his companion "appeared to be intoxicated and unruly . . . creat[ing] a disturbance inside security, attracting the attention of employees. . . " when he was attempting to board his flight at Logan Airport. The Troopers claimed that the defendant also used profanity which led to his ultimate arrest. In addition to missing his flight, the defendant was hauled into the East Boston District Court where he faced two misdemeanor charges of assault and battery on a police officer and being a disorderly person. Attorney McCarthy successfully negotiated a disposition whereby the case was dismissed on court costs.

  • Attorney McCarthy Successfully Prevents Criminal Complaint For Assault And Battery From Issuing Following A Clerk's Hearing

    The defendant was summonsed to court for a clerk's hearing in which her boyfriend claimed that she hit him and took his cell phone. She faced the potential of being charged with assault and battery which has a possible sentence of two years in the house of correction. Prior to the hearing, her boyfriend was arrested and charged with assault and battery on her which resulted in injuries requiring a trip to the emergency room and stitches.

    During the Clerk's hearing against the defendant, attorney McCarthy demonstrated that the defendant had been in an abusive relationship for a number of years and that she [the defendant] was actually the victim. Following the hearing, the clerk declined to issue a criminal complaint against the defendant.

  • Pre-Trial Probation Prior To Arraignment For College Student Charged With Disorderly Conduct

    The police alleged that on September 12, 2010 they responded to a downtown Boston apartment because of an apartment complex making loud noises. The officers heard loud music emanating from an apartment and ultimately entered the dwelling. The police claimed that a student/defendant refused to leave the area of the party despite repeated requests by the officers. Our client was eventually arrested and charged with one count of being a disorderly person. On the day of the court appearance our office succeeded in avoiding an arraignment for the client and the case will be dismissed in a few months provided he fulfills certain minimum conditions.

  • Attorney McCarthy Successfully Prevents Complaint For Assault And Battery From Issuing Following A Clerk's Hearing

    A civilian applied for a criminal complaint charging our client with assault and battery. The complainant applied for this complaint after being arraigned in the Cambridge District Court for assault and battery on our client. According to the complaining witness, our client pushed and kicked the witness down the stairway to an apartment complex following a verbal confrontation between the parties. Our office conducted lengthy interviews prior to the hearing. Following the evidentiary clerk's hearing, at which our office presented evidence, the Assistant Clerk Magistrate found that there was no probable cause to issue the complaint against our client.

  • Attorney McCarthy Secures Pre-Trial Probation On Felony Charges For Local Graduate Student

    According to the police report, a back- bay resident returned home to find a stranger "sleeping in the bed." The police responded and the suspect woke up appearing disoriented and believing that he was in his own home. The home owner informed the officers that two doors to the apartment had been forced open. The confused suspect was quickly placed under arrest and charged with two felonies: breaking and entering in the nighttime with intent to commit a felony and malicious destruction of property over $250.00.

    The defendant was a graduate of an Ivy League College with a Master's Degree from a prominent Boston area University. Attorney McCarthy negotiated the case and the Judge agreed to place the defendant on three months pre-trial probation. Provided the defendant pays to replace the door the case will be dismissed. The defendant will not have any criminal record

  • Charges Of Domestic Assault And Battery Dismissed Against Local Businessman

    The complaining witness [the defendant's ex–girlfriend] reported that when she tried to open the door the defendant pulled her backwards by the hair and into her apartment. The witness further claimed that when she tried to get away from him he grabbed her arm and continued pulling and hitting her in the presence of their young child.

    The defendant was arrested and charged with assault and battery. Attorney McCarthy conducted a thorough pre–trial investigation that included compiling court records of the former couple's probate proceedings and telephone records that supported the defendant's position that she was the aggressor. On the day of trial the complaining witness did not appear and the Commonwealth dismissed the case against the defendant.

  • Charges Of Assault And Battery To Be Dismissed

    The police responded to a radio call and were approached by a male "victim" who alleged that his girlfriend punched him in the face. As the officer spoke to the male the female insisted that he was "lying." The female maintained that the "victim" was the aggressor and had pulled her hair while trying to push her out of the car. Apparently, an argument became physical when the female was late picking her boyfriend up from work at a local car service establishment.

    As is routine in what are termed as "domestic violence cases" the local police sergeant arrived at the scene. The police officers spoke and ultimately arrested the female and charged her with assault and battery.

    On the day of the trial Attorney McCarthy negotiated a disposition whereby the defendant did not have to make any admission and the case would be dismissed in one year provided that she stayed out of trouble and fulfilled other conditions. Despite the fact that the defendant had a previous guilty finding on an assault and battery and assault and battery on a police officer, she was able to walk away from this arrest with no conviction.

  • Charges of Assault and Battery, Criminal Trespass and Entering Without Breaking With Intent To Commit a Felony Dismissed Following a Clerk's Hearing in Dorchester District Court

    The complainant alleged that the defendant pushed her and gained entry to a relative's home in Dorchester, Massachusetts. The complainant testified that during a gathering at the home, the defendant repeatedly rang the door bell in an effort to get the attention of his girlfriend. The complainant and her fiance testified that the defendant pushed her to get into the house after being told to leave. The defendant testified that he never entered the home and never touched the complainant. Attorney McCarthy pointed out that the complainant applied for the complaint in the Dorchester District Court approximately two weeks after the alleged incident. Furthermore, the complainant's brother faced assault charges based on an incident that occurred in Dorchester that same evening. Following the hearing, the Clerk declined to issue a complaint on any of the proposed charges.

  • 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.

  • Felony Charge of Assault and Battery Dismissed on Trial Date/Initial Case

    The complainant alleged that on September 26, 2007, the defendant and another man approached him and beat him with a wooden banister. According to the complainant, the pair struck the complainant numerous times in the area of his right shoulder, right waist and right thigh. The police observed the injuries to the complainant in these areas and took pictures of them. The defendant was charged with assault and battery by means of a dangerous weapon and faced a potential of two and one-half years in prison if he was convicted. On the day of trial Attorney McCarthy successfully moved for the dismissal of the charges against the defendant.

  • Defendant avoids conviction on two counts of assault and battery/Initial Case

    As the result of a "911 call" the police responded to the defendant's home. The defendant's wife reported that the defendant was intoxicated and had been "drinking all day." According to the police report, the defendant's wife reported that he was "out of control" and that he had grabbed and twisted her arm. Two siblings were at the home and one tried to call "911" for assistance. The other individual successfully contacted "911" using a cell phone. The defendant was arrested and charged with two counts of assault and battery. The defendant had previous convictions and conviction on both counts could potentially result in a total of five years in the house of correction. Attorney McCarthy negotiated a disposition indicating that provided the defendant does not get re-arrested the case will be dismissed in one year.

  • Charges of Assault and Battery and Threats to Kill Dismissed Against Defendant Prior to Trial/Initial Case

    According to the police report the complainant entered the police station and reported that she and her boyfriend had an argument earlier in the day and he kicked her out of the house. Upon her return to the apartment, the complainant stated that the defendant became upset again and threatened to kill her. The complainant informed the police that at this point she became upset and was in fear of him because of the way that he was acting. She claimed that the defendant kicked her out of the house again. A complaint issued charging the defendant with assault and battery and threats. A pre-trial motion to dismiss for the Commonwealth's failure to establish probable cause for the complaint charging assault and battery was allowed. The threats complaint was also dismissed on the day the case was scheduled for a jury trial.

  • Out Of State Defendant Receives Pre-Trial Probation On Charges Of Disorderly Conduct And Assault

    An out of state defendant was in the Boston are for a business trip and staying at a local hotel. According to the police report, police officers received a call form a "concerned citizen" relative to an unconscious male laying in the streets of downtown Boston. Upon arrival the officers checked on the male who became belligerent when the officers tried to assist him. By the end of the encounter the allegedly intoxicated defendant landed himself in jail facing two criminal charges: disorderly person and assault on a police officer.

    Attorney McCarthy favorably presented the defendant's hardworking and trouble free background and negotiated a disposition whereby the contrite defendant was placed on a year of pre-trial probation and ordered to stay away from the hotel. The defendant did not have to admit to any facts or plead guilty. The case will be dismissed in one year provided the defendant does not get rearrested.