Case Results » Domestic Assault and Battery

  • Count Of Domestic Assault Dismissed

    Client was arrested for assaulting his girlfriend following an argument at the grocery store. The pair continued the discord in the couple's jeep and eventually the male exited the vehicle. The police report alleged that he hit the car door, causing damage and "assaulted" the driver/girlfriend. The report did NOT indicate that any of the actions by the male were directed to the female or that she was put in fear of any physical harm. Nonetheless, the male was charged with domestic assault.

    Our office carefully reviewed the materials and a motion to dismiss date was set. After Attorney McCarthy pointed out the fact that the police report failed to allege a crime in this area, the Assistant District Attorney agreed to dismiss the charge.

    Read More in Malicious Destruction to Property

  • Client Avoids Felony Conviction For Intimidation Of A Witness And Domestic Assault Despite Prior Record

    A disagreement between two frustrated spouses resulted in the husband being charged with domestic assault [M.G.L. ch. 265 s. 13M]. The pair ultimately was allowed to reside in the same home. Unfortunately, the contact resulted in the husband facing an additional felony charge of intimidation of a witness [M.G.L. ch. 268 s. 13B]. The Commonwealth moved to have the defendant held pursuant to the "Dangerousness Statute." Following a lengthy hearing the defendant was allowed to leave the courthouse.

    Unfortunately for the client, a guilty finding on a felony would result in the loss of his job. Our office thoroughly investigated the circumstances surrounding the incidents. Our office aggressively litigated the case and ultimately the judge agreed to continue the case for a period of time and provided certain conditions are satisfied the case will be dismissed. Our client left the courthouse relieved with his employment in tact.

    Read More in Bail Hearings 

  • Military Veteran Avoids Prosecution For Domestic Assault And Battery Pursuant To The Valor Act

    The Valor Act [M.G.L. ch. 108 section 16] provides that an individual determined to be a veteran, in active military service or has a history of military service in the United States, may be eligible for a criminal case to be diverted from prosecution to treatment services.

    Such was the case with a veteran, who had served our country, when he faced a charge of domestic assault and battery [M.G.. ch. 265 ch. 13M]. Our office petitioned the probation department to have the client, who was honorably discharged from the military, evaluated for the appropriateness of diverting the case from criminal court to treatment services. It was determined that he qualified for veteran services and he avoided prosecution. Provided certain conditions are satisfied the case will be dismissed WITHOUT the client having to admit to sufficient facts or admit to guilt.

    Read More in Pretrial Diversion

  • Domestic Assault and Battery Dismissed By The Prosecution

    What was expected to be a fun farewell to 2015 tuned into a nightmare for a young couple when the police were called to their apartment. The highly intoxicated female had called a friend and was so incoherent that the friend called the police to conduct a well being visit. Upon arrival the officers observed scratches on her face and questioned the defendant, who denied any physical contact. Based on an alleged statement by the incoherent female, the police arrested the defendant and charged him with domestic assault and battery.

    After spending a few days in jail, the defendant contacted our office. The Commonwealth requested a "Dangerousness Hearing." Based on thorough preparation and zealous advocacy, the defendant was released from prison.

    Our office relentlessly litigated the case pointing out that the 911 or turret tape, the transcript from the Dangerousness Hearing and the statements of the alleged victim supported our position that the defendant did not engage in ANY criminal activity.

    On the day of trial we answered READY and the Commonwealth dismissed the case.

    Read More in Violent Crimes

  • Client Avoids Prosecution For Domestic Assault And Battery

    A celebration turned sour when a disgruntled spouse reported that her partner physically assaulted her following a Valentine's Dinner. Following up on this report, the police found the client, who is not a U.S. citizen, at home and charged him with a violation of M.G.L. ch. 265 Section 13M.

    The client promptly retained Attorney McCarthy who went right to work interviewing witnesses and investigating the circumstances surrounding the charges. McCarthy intensely litigated the case and highlighted the weaknesses in the Commonwealth's. The District Attorney's Office ultimately agreed to dispose of the case WITHOUT having the defendant go to trial or admit to ANY facts. This was critical for the client as he avoided any potential immigration consequences. Provided the defendant satisfies certain conditions the case will be dismissed.

    Read More in Pretrial Probation

  • Case To Be Dismissed Against Client Charged With Domestic Assault And Battery [M.G.L. ch. 265 section 13M]

    An estranged couple had difficulty appropriately dividing property in the marital home. A chance encounter on the property led to an altercation and the husband being charged with domestic assault and battery.

    Our office reviewed relevant documents and conducted a thorough investigation of the facts that led to the charges. Following discussions with the District Attorneys Office the parties agreed to a general continuance for a short period of time followed by the dismissal of the case. The client did NOT have to admit to sufficient facts or go to trial and the case was dismissed.

    Read More in Violent Crimes

  • Case Of Domestic Assault And Battery [M.G.L. ch. 265 Section 13M] Dismissed Against Client

    A dispute between domestic partners turned into a criminal case when the police responded to an apartment building following a call for a domestic dispute. Upon arrival the police encountered two males, both of whom had fresh injuries. After interviewing both parties, the police made a judgement call and arrested on of the individuals. The police made the arrest despite the fact that neither one wanted the other one arrested.

    Massachusetts recently amended its assault and battery statutes and created a new crime of domestic assault and battery as opposed to straight assault and battery. The significant change relates to the sentencing structure which requires that a sentence included referral to a state certified batterer's intervention program, unless a judge makes specific findings that it is not necessary. This program is time consuming and expensive. Thus, avoiding any type of disposition with this type of case is important.

    Here, after interviewing the witnesses and preparing the case a trial date was set. Attorney McCarthy answered ready for trial. The alleged victim retained an attorney and based a reading of the police report it was clear that he had a Fifth Amendment privilege not to testify at trial. The privilege was asserted and the case was dismissed.

  • A Case Of Domestic Assault And Battery To Be Dismissed

    According to the police report, the police responded to a call for help from a wife who had locked herself in a bathroom. When the police arrived they spoke to the rattled spouse who claimed that her husband had hit her. The defendant was arrested and charged with domestic assault and battery.

    The District Attorney's Office were initially requesting a split sentence [some committed time followed by lengthy probation] because of what they viewed were the serious nature of the charges. The spouse had made a 911 call to the police which the District Attorney's Office intended to introduce even if the wife asserted her marital privilege.

    Attorney McCarthy provided a lengthy personal, employment and family history of the defendant with letters of support. Following lengthy negotiations the Assistant District Attorney ultimately agreed to continue the case for a period of time and provided the defendant satisfies certain conditions the case will be dismissed. The defendant who initially faced prison time walked out of the courthouse without a conviction.

    Read More in Continuance Without a Finding

  • Charges Of Assault [M.G.L.A. Chapter 265 §13A], Assault By Means of A Dangerous Weapon [M.G.L.A. Chapter 265 §13B], Threats [M.G.L.A. Chapter 275 §2] and Intimidation Of A Witness [M.G.L.A. Chapter 268 §13B] To Be Dismissed

    An unhappy spouse called the police after her husband returned home the morning following a night out with his friends. When her husband arrived home the wife called the police and alleged that her husband assaulted her with a knife and threatened to kill her/slice her throat if she called the police. When the police arrived, although no knife was immediately recovered, the defendant was arrested and charged with the above crimes.

    The District Attorney's Office vehemently prosecuted the case and requested that a guilty finding enter on two count and that the defendant be subjected to a split sentence on the remaining two charges. The defendant was appropriately concerned that any finding of guilt would result in him losing his job.

    The client hired Attorney McCarthy to get a good result. Attorney McCarthy went to work immediately and presented a persuasive argument for the case to be continued for a period of time and then dismissed, despite the prosecutor's position and the alleged victim's desire to have a guilty finding enter. McCarthy stressed the defendant's positive employment history, educational background and lack of criminal history and convinced the judge NOT to enter a finding of guilty. Contrary to the Commonwealth's recommendation, the judge continued the case for a period of time. The case will be dismissed provided the defendant satisfies certain conditions and does not get arrested again. The client walked out of the courthouse without a conviction and remained gainfully employed.

    Read More in Violent Crimes

  • Case Dismissed Against Out Of State Client Charged With Domestic Assault And Battery

    The police responded to a call for a report of domestic violence. After interviewing the parties the male was arrested and charged with domestic assault and battery. Following his arraignment, the defendant returned to his home state and retained our office to represent him. Hoping for an expeditious resolution, the case was advanced and McCarthy requested a quick trial date.

    On the trial date McCarthy answered ready for trial. The complaining witness did not appear and counsel appropriately argued that any statements that she made to the police were inadmissible hearsay. The case was dismissed against the defendant.

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  • Case of Domestic Assault And Battery Dismissed Against Client On Trial Date

    The police report alleged that a concerned citizen who allegedly saw a male strike called the police a female.  After interviewing the parties the police arrested the male defendant who secured our office to represent him. The defendant was charged with domestic assault and battery.

    Extensive pre-trial interviews were conducted and Attorney McCarthy answered ready for trial on the date that the defendant was scheduled to have a jury trial.  The Commonwealth answered not ready for trial.  Attorney McCarthy moved to have the case dismissed and the judge obliged. The defendant walked out of the courtroom with the case dismissed.

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  • Client Receives Pre-Trial Probation On Domestic Assault And Battery

    The police responded to a home because of a report of domestic discord. Upon arrival the police encountered a very upset mother and her teenage son. The police saw scratches on the distraught mom's neck and based on their investigation charged her son with assault and battery. Although the complaining witness did not want to proceed, the prosecution insisted on going forward with the case. Attorney McCarthy conducted a thorough investigation of the incident and answered ready for trial. On the day of trial the District Attorney's office backed down and agreed to a short continuance with the case to be dismissed provided the client does not get charged with any additional crimes.

  • Attorney McCarthy Represents Spouse In A Domestic Assault And Battery Case

    The defendant's wife called the police following a domestic disagreement. After brief interviews of the parties, the police arrested the husband against his wife's wishes. The Commonwealth wanted to proceed to trial against the defendant. Attorney McCarthy explained the wife her marital privilege to her and ultimately, the Commonwealth declined to prosecute the defendant.

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  • Client Charged With Domestic Assault And Battery Avoids Conviction

    A husband called the police alleging that his wife had hit him with a toy. The husband had videotaped his spouse throughout the day. Upon arrival the police interviewed the parties, viewed the videotape and arrested the wife.

    Although the husband did not want the case to proceed, the prosecution maintained that it could proceed with the videotape. Attorney McCarthy engaged in negotiations with the District Attorney's Office and an agreement was made in which the defendant did not have to admit to ANY facts and the case would be dismissed in a year provided she abided by certain conditions. The client did not have to admit to any fact, she did not have to plead guilty and she did not have to attend the Batterer's Program.

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  • Case Of Domestic Assault And Battery Dismissed

    The police report alleged that the police were dispatched to a location for a report of a domestic between a husband and wife. The police received information that the husband had pushed the female out of the house. After interviewing the parties the defendant, husband, was arrested and charged with assault and battery.

    Attorney McCarthy interviewed involved parties and prepared for trial. On the day of the trial the case was dismissed.

    Read more in Domestic Assault and Battery

  • Client Avoids Conviction In Domestic Violence Case

    A Lowell woman faced charges of multiple counts of assault and battery on her adult daughter. The client contacted Attorney McCarthy after a clerk issued charges against her.

    The complaining witness alleged that her mother committed an assault and battery against her on several occasions. Despite the serious allegations, Attorney McCarthy litigated the case an ultimately resolved the case for her client with a dismissal of one count and NO convictions for the remaining two counts. Provided the defendant satisfies certain conditions the case will ultimately be dismissed.

  • Attorney McCarthy Secures Pre-Trial Probation For Client Without Any Type Of Admission In Assault And Battery [Domestic Violence] Case

    An individual reported that a former partner had committed an assault and battery on him. The police conducted a cursory investigation and charged the client with assault and battery, despite the fact that he maintained that he was the "victim." Attorney McCarthy conducted lengthy investigation, reviewed medical records and conducted witness interviews and presented the client's perspective to the District Attorney's Office. After reviewing the case, the Commonwealth agreed to dismiss the case following a short period of time without requiring the defendant to make any time of admission.

  • Attorney McCarthy Negotiates Dismissal Of Domestic Assault And Battery And Felony Count Of Intimidation Of A Witness

    The police report alleged that officers responded to a home as the result of a "female reporting that her husband (and eventual defendant) was beating her." Upon the arrival of the officers the complainant/wife told the police that the defendant "pushed her numerous times" while she was holding their young daughter and she pushed to the ground. The police officers observed a minor abrasion and a small cut on her left hand and finger. A telephone call made by the upset wife was cut off and the police believed it was the husband preventing his wife from calling for help.

    The officers spoke to the defendant who claimed that his wife was the aggressor and slapped him in the face. The defendant was handcuffed and taken to the police station and charged with domestic assault and battery and intimidation of a witness. The wife got a 209A restraining order against her husband that afternoon.

    Attorney McCarthy was contacted immediately by the family. On the day of the arraignment the 209A restraining order was vacated by the wife. Attorney McCarthy conducted interviews and guided the defendant through the process and the case was dismissed by the Commonwealth on the first return date to court.

  • 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.

  • Defendant Avoids Conviction In Domestic Abuse Case

    The defendant had a restraining order that prevented him from contacting his wife (plaintiff). After being served with the 209A restraining order the Commonwealth alleged that the defendant sent two text messages to his spouse. Attorney McCarthy thoroughly investigated the case and extensively conferenced the case with the District Attorney's Office. Although the defendant had previous criminal entries on his record, Attorney McCarthy was able to negotiate a disposition whereby the case will be dismissed in two years provided the defendant satisfies certain conditions and does not get rearrested.

  • Judge Dismissed Domestic Assault And Battery And Felony Charge Of Intimidation Of A Witness Against Client

    The police report alleged that the police responded to a report of a past assault on a female. According to the report, the female claimed that she and her husband were involved in a physical altercation inside of a car. She further asserted that her husband tried to grab the phone out of her hand when she tried to call the police for help. The husband was arrested on a warrant and charged with assault and battery and intimidation of a witness. The judge allowed Attorney McCarthy's motion to dismiss after the wife asserted her marital privilege.

  • Client Avoids Facing Criminal Charges Following A Clerk's Hearing

    The defendant received a summons to appear at a clerk's hearing in which a prior boyfriend claimed that she was threatening and harassing him. Attorney McCarthy represented the defendant at the clerk's hearing. A complaint did not issue however, the client must refrain from contacting the witness for a period of time.

  • Domestic Assault and Battery And Intimidation Of a Witness Charges Dismissed Against Client

    The defendant's girlfriend, and mother of their child, reported that the defendant tried to block her way as she left a room and pushed her. She subsequently went to the hospital for treatment. The police report indicates that the defendant also unplugged the phone when the complaining witness tried to call the police, which prompted the authorities to charge the defendant with intimidation of a witness.

    After investigating the circumstances surrounding the incident, including reviewing independent witness statements, the judge dismissed the charges against the defendant after the witness indicated that she could not go forward. All charges against the client were dismissed.

  • Client Avoids Conviction On Domestic Violence Charge

    The police responded to a call for a domestic disturbance in which the defendant was accused of striking a family member in the face. The police arrested the female defendant and charged her with assault and battery. According to the police the defendant appeared to be "intoxicated" and made admissions relative to the assault.

    Attorney McCarthy interviewed the client and became familiar with her impressive background and family situation. Armed with this information, Attorney McCarthy negotiated a disposition whereby the defendant was placed on pre-trial probation. Mindful of family obligations for the defendant, Attorney McCarthy ensured that she would be able to travel out of state for family purposes during this time period. The defendant was not required to admit to sufficient facts or admit guilt. As long as she does not get rearrested and satisfies certain conditions the case will be dismissed.

  • Attorney McCarthy Secures Dismissal Of Domestic Assault And Battery Charge

    The defendant's wife alleged that the defendant hit her. The defendant was charged with a felony count of assault by means of a dangerous weapon. A conviction or admission to any type of felony would likely have had an effect the defendant's employment. Attorney McCarthy conducted extensive interviews with the defendant and investigated the facts surrounding the case. Although the defendant's wife desired to invoke her marital privilege and not testify against her husband, the District Attorney's Office initially indicated that they would go forward based on the defendant's statement and the contents of the "911" call. Attorney McCarthy presented arguments supporting that the "911" statements were inadmissible. The Commonwealth dismissed the charges against the defendant.

  • District Attorney Dismisses Domestic Assault And Battery Charge Against Successful Businessman

    The police report alleged that the police were dispatched to a home for a "domestic in progress." The defendant's wife claimed that the defendant struck her during an argument that lasted over the course of an evening. Although the defendant denied hitting his wife, he was arrested and charged. The incident allegedly took place in the presence of the couple's child. For that reason, the Department of Family Services was contacted by the police and the charges were investigated by that agency.

    The client contacted Attorney McCarthy who promptly investigated the allegations and counseled the defendant on the appropriate course of action. Attorney McCarthy became familiar with the defendant's upstanding and impressive background and presented the information to the court. The case was dismissed.

  • 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.

  • Case Of Alleged Domestic Abuse Dismissed In Local District Court

    The police claimed that they responded to a home relative to a report of "domestic abuse." The officers claimed that that when they arrived they observed both parties with physical injuries. After interview the husband and wife they arrested the husband and charged him domestic assault and battery.

    After reviewing the evidence Attorney McCarthy picked a trial date. On the day of the trial the Commonwealth dismissed the charges against the defendant and the wife asserted her marital privilege.

  • District Attorney's Office Enters A "Nolle Pros" In A Case Of Alleged Domestic Violence

    The police responded to a home as a result of a call for alleged domestic violence. The officers spoke to an individual in the home and daughter of the defendant. According to the police report, an older sibling became involved with an argument between a father and his teenage daughter. After brief discussions with the present family members the father was arrested and charged with assault and battery. The defendant retained defense attorney Kathleen M. McCarthy to represent him. The District Attorney's Office declined to prosecute the case and entered a "nolle pros."

  • Charges Of Domestic Assault And Battery To Be Dismissed Against Local Businessman

    The police were called to a home on New Year's Eve for an alleged fight. Upon arrival the police arrived interviewed the parties and determined that there had been a physical altercation between two males. The participants in the exchange were brother-in-laws. Although there were no visible injuries on either party, the defendant was arrested and charged with domestic assault and battery. The alleged victim declined to get a restraining order.

    The defendant contacted our office. After interviewing the individuals involved and negotiating with the District Attorney's Office the defendant received a general continuance. He did not admit to any facts and no finding was entered on his record. Provided the defendant stays out of trouble for six months the case will be dismissed. The defendant avoided having a criminal record and no finding was entered.

  • Attorney McCarthy Secures Dismissal Of Domestic Assault Charge Prior To Arraignment

    The defendant was arrested after his wife called the police claiming that he hit her at a friends get together. Although the wife was intoxicated, the police placed the defendant under arrest and his wife was put in protective custody. After investigating the case and conducting negotiations with the police prosecutor Attorney McCarthy secured the dismissal of the case prior to the defendant's arraignment.

  • Charge Of Possession Of A Class D Substance With Intent To Distribute Marijuana In A School Zone Dismissed Against College Student Dismissed And Defendant Placed On Pre-Trial Probation For Charge Of Distribution Of Marijuana

    According to the police report, police officers approached two college students in a car that was parked in a public park after dark. A police officer claimed that he smelled "burnt marijuana" prompting him to order the defendant out of the car. The police ultimately found what they believed was marijuana, baggies and a scale after searching the defendant, the passenger and the car. In the event of a conviction on the charge of intent to distribute marijuana in a school zone a defendant is sentenced to a mandatory jail sentence of two years in the house of correction on and after the underlying conviction for possession with intent to distribute.

    After Attorney McCarthy filed a number of motions the District Attorney's Office agreed to dismiss the counts that alleged distribution in a school zone and placed the defendant on pre-trial probation for the possession with intent to distribute count. The case will be dismissed provided the defendant completes forty hours of community service and does not get charged with any new crimes for one year.

  • Felony Charge Of Malicious Destruction Of Property To Be Dismissed In District Court

    The complaining witnesses alleged that the defendant intentionally damaged their apartment door after he was told to leave the area. The police tracked down the defendant and charged him with malicious destruction of property over $250.00, which is a felony in Massachusetts. Despite the fact that the defendant had previous entries on his record, Attorney McCarthy successfully negotiated a disposition whereby the defendant was placed on pre-trial probation. Provided the defendant is not charged with any new offense the case will be dismissed in six months. The defendant did not admit to sufficient facts or admit guilt.

  • Possession Of Heroin Case Dismissed In District Court

    The police responded to a residence as the result of a call for emergency assistance. Upon arriving at the location, police officers observed what they believed to be heroin and needles in the area around the defendant. After a brief investigation the police arrested the defendant and charged him with possession of a class A substance (heroin). Attorney McCarthy negotiated a disposition whereby the case was dismissed upon the payment of court costs.

  • Felony Charge To Be Dismissed Against Defendant

    The defendant was accused of receiving stolen property valued over $250.00. The police report stated that a police officer entered the defendant's apartment due to a report of suspicious activity by his landlord. Upon entering the apartment, the officers claimed to have seen a driver's license and credit cards that were not in the defendant's name. The police conducted an investigation and determined that the owners of the items did not know the defendant and lodged a felony count of receiving stolen property valued over $250.00 against the defendant. After being charged with the above offense, the defendant also faced charges of operating after his right to operate was suspended and related driving offenses.

    Attorney McCarthy filed a number of viable pre-trial motions including a motion to suppress evidence [credit card and driver's licenses confiscated from his apartment] and a motion to suppress statements. Despite the fact that the defendant had a number of felony convictions on his record, all charges will be dismissed against our client if he remains free from criminal legal trouble for a specified period of time.

  • Domestic Violence Case Dismissed Against Local Businessman

    According to the police report officers responded to a Boston location due to a report of a physical altercation. The dispatcher reported that a male was grabbing a female. The police officers arrived at the scene and interviewed the parties [who were married to one another] and independent witnesses. Based on independent witness observations and the statements of the involved individuals, the male party was arrested and charged with domestic assault and battery.

    Attorney McCarthy conducted extensive interviews of the involved parties and negotiated a disposition resulting in the dismissal of the charge prior to the trial date.

  • Charge Of Sex For A Fee Dismissed Against Business Owner Dismissed

    The police report alleged that the defendant engaged in sex for a fee with a known prostitute. The police report indicated that the police responded to the downtown Boston area due to numerous complaints of prostitution. The police approached a car which was occupied by the defendant and a female. Based on their knowledge that the female was a prostitute both parties were arrested. The defendant was charged with sex for a fee. Attorney McCarthy filed a motion to dismiss because the police officers did not have probable cause to charge the defendant with this crime. After presenting this viable motion, Attorney McCarthy negotiated a disposition whereby the case was dismissed without any admission or plea provided the defendant satisfied certain conditions.

  • Charges Of Assault And Battery To Be Dismissed

    The Commonwealth alleged that during an argument the defendant kicked his mother. The police responded to the defendant's home as a result of a call for a domestic disturbance. Upon arrival, the police interviewed the defendant's mother and ultimately charged with a felony of assault and battery by means of dangerous weapons. After conducting lengthy negotiations with the Assistant District Attorney the defendant was placed on pre-trial probation. The charges against the defendant will be dismissed, without any admission by the defendant, provided he satisfies certain conditions.

  • Case Of Domestic Violence To Be Dismissed Against Defendant

    The police report alleged that a police officer observed the defendant "violently dragging the "victim" by the arms. According to the report, the "victim" was screaming and the male and female were separated. The female claimed that the defendant prevented her from leaving an apartment. When she ultimately left the apartment, she claimed that the defendant choked her that she was afraid of him. She applied for and was granted a temporary 209A restraining order. Attorney McCarthy negotiated a disposition whereby the defendant was placed on pre-trial probation and the case will be outright dismissed provided the defendant does not get charged with any new offenses for a short period of time.

  • Attorney McCarthy Secures Dismissal Of Assault And Battery By Means Of A Dangerous Weapon And Domestic Assault And Battery

    According to the police report, the defendant's wife claimed that the defendant grabbed her and pushed her to the ground. The wife then went to a neighbor's house and the police responded to the scene. Based on conversation with the complainant the defendant was charged with assault and battery by means of a dangerous weapon (to wit a gun) and assault and battery.

    Pre-trial investigation revealed that although there were guns in the home, the defendant was properly licensed to carry a firearm and it was not used during the incident. A pre-trial motion to dismiss was allowed on the assault and battery by means of a dangerous weapon count. On the trial date the defendant answered ready for trial and the Commonwealth had not secured the presence of the witnesses. The judge allowed Attorney McCarthy's motion to dismiss.

  • Attorney McCarthy Negotiates Settlement Of Felony Larceny Charge Prior To The Issuance Of A Criminal Complaint

    The complaining witness alleged that the defendant improperly stole computer parts when he worked for the witness's company. Attorney McCarthy negotiated an agreement whereby a criminal complaint would not issue against the defendant provided he paid restitution in a timely manner. The case was settled without any criminal charges lodged against the defendant.

  • Charges Of Domestic Assault And Battery Against Elderly Woman To Be Dismissed

    The police responded to a report of a domestic disturbance and ultimately charged an elderly female defendant with assault and battery on a family member. The defendant had no previous record. After conducting preliminary investigation, Attorney McCarthy negotiated a disposition with the District Attorney's Office whereby the Commonwealth will request a straight dismissal in three months provided the defendant does not get charged with any new crimes.

  • Disorderly Person Charge Dismissed And Indecent Exposure Charge To Be Dismissed Against Defendant

    According to the police report, officers responded to an apartment complex as the result of a "drunk causing a disturbance." Residents in the building alleged that the defendant "urinated" on an apartment door and used vulgar language. One of the witnesses claimed to have seen the male defendant's private area. The defendant was arrested and charged with indecent exposure and disturbing the peace. Although the defendant had a number of other entries on is board of probation record, Attorney McCarthy negotiated a disposition whereby the disturbing the peace count was dismissed and the indecent exposure will be dismissed provided the defendant completes certain conditions.

  • Attorney McCarthy Secures The Termination Of A Restraining Order And Withdrawal Of Assault And Battery Complaint Prior To A Clerk's Hearing

    The defendant dated the complaining witness for a short period of time. The defendant initially filed for a restraining order against the complaining witness claiming that she struck him a number of times at his home. Although initially withdrawing the request, mutual restraining orders eventually issued against both parties. The restraining order and any pending charges would have eventually interfered with the defendant's ability to work. Attorney McCarthy negotiated a disposition whereby the restraining order against the defendant was dismissed and the request for a criminal complaint for assault and battery was withdrawn.

  • Defendant Facing Assault And Battery, Resisting Arrest And Disorderly Person Charges Placed On Pre-Trial Probation

    The Commonwealth alleged that the defendant struck his father and refused to be placed under arrest following a family dispute. After responding to a home as the result of a call for a domestic disturbance, the defendant was charged with assault and battery, resisting arrest and being a disorderly person. Attorney McCarthy negotiated a disposition whereby the defendant did not admit to any facts and was placed on pre-trial probation. Following the completion of certain conditions, the case will be dismissed.

  • Attorney McCarthy Secures Dismissal Of Two Counts Of Possession Of A Controlled Substance

    The defendant was charged with two counts of possession of a class A substance. According to the police report the defendant was a passenger in a car that was pulled over for a civil traffic violation. The police ultimately searched the car and found what they believed were two oxycontin pills under the passenger seat and a pill in the defendant's pocket.

    Attorney McCarthy filed a motion to suppress evidence and claimed that the stop and the search of the defendant was illegal. Prior to the evidentiary hearing the Commonwealth dismissed all charges against the defendant.

  • Attorney McCarthy Successfully Vacates Manslaughter Conviction

    The defendant pleaded guilty to so much of a second–degree murder indictment that alleged manslaughter. As a result of the plea the defendant received a sentence of ten to eleven years in state prison. During the plea colloquy, the defendant heard the Assistant District Attorney state that a number of Commonwealth witnesses had recanted their testimony. Although the defendant was aware that two witnesses had "recanted", he immediately inquired of trial counsel who the witnesses were. Trial counsel recommended that the defendant get a copy of the plea transcript and have it reviewed.

    Attorney McCarthy represented the defendant on a motion to withdraw his guilty plea/motion for a new trial. Post conviction investigation revealed that a key Commonwealth witness had reported to the victim witness advocate that she lied in the grand jury. Through affidavits and witness testimony it was established that this exculpatory information was never turned over to the defendant or his attorney prior to the defendant's guilty plea. Following an evidentiary hearing the motion judge allowed the defendant's motion for a new trial on the grounds that the Commonwealth failed to provide exculpatory evidence to the defendant.

  • Clerk Declines Issuing Complaint For Operating To Endanger Following Clerk's Hearing

    According to the police report, a local police department charged the defendant with driving to endanger, speeding and a marked lanes violation after locating a car that traveled off of the road on a rainy evening in early winter. The driver was not at the scene and later stated that he was driving within the posted speed limit. The road was a windy "country type" road. Following an investigation the police officer issued a citation "based on the physical condition of the vehicle, the weather conditions and the type of road." Attorney McCarthy effectively cross examined the police prosecutor relative to the lack of evidence of "driving to endanger" and the clerk did not issue the complaint. The case will be completely dismissed in one year provided the defendant does not receive any further citations and is not charged with any crime(s).

  • Domestic Charges Dismissed Against Peabody Woman

    According to the police report, the defendant's husband reported that during a verbal argument the female defendant swung a large "butcher type knife" at him. The police responded to the scene and arrested the defendant charging her with domestic assault and battery and assault by means of a dangerous weapon. After discussions between the parties the Commonwealth dismissed the charges against the defendant prior to a trial date.

  • Attorney McCarthy Secures Dismissal Of Domestic Abuse Charges

    According to the police report, a "hysterical" woman called the police to report a "domestic" in progress. A concerned citizen reported that he heard a woman hysterically screaming and saw here being chased around the car by a man. The woman reported to the police that the man pulled a chunk of hair out of her head and took the phone from her so she could not call the police.

    The defendant was arrested and charged with assault and battery and intimidation of a witness. The pair was married and on the day of trial the defendant's wife asserted her marital privilege. The Commonwealth moved to dismiss all charges against the defendant.

  • Prosecutors Dismiss Charges of Domestic Violence Against A Woman

    The police responded to a home and were met by family members who accused a woman of assaulting and beating her sister and mother. After interviewing the parties, in addition to charges of assault and battery, the defendant was also charged with intimidation of a witness. The police maintained that the defendant tried to grab a telephone from her mother when she called to report the incident. According to the authorities, these actions gave rise to the charge of intimidation of a witness.

    Attorney McCarthy prepared for trial and was ready to try the case presenting self defense. After the defense answered ready for trial, the prosecutor moved for a straight dismissal of all charges against the defendant.

  • Attorney McCarthy Negotiates Dismissal of Domestic Assault and Battery Case

    According to the police report, officers responded to a report of a domestic disturbance involving a male and a female. The female reported that during an argument the defendant grabbed her hand causing a small laceration to her finger. The defendant maintained that following an argument the complaintant followed him and repeatedly pulled his shirt and neck. The defendant was charged with assault and battery [M.G.L. ch. 265 §13 (A)(a)].

    Attorney McCarthy negotiated the straight dismissal of the case despite the fact that the defendant had previous convictions for assault and battery, assault and battery on a police officer and distribution of a controlled substance.

  • Charge of Domestic Assault and Battery To Be Dismissed Against Tewksbury Man

    The police report alleged that the defendant struck his wife in the face causing a laceration above her eye. The complainant went to the police station and reported the alleged incident. Attorney McCarthy successfully negotiated a disposition where the case will be dismissed in two years provided the defendant fulfills agreed upon conditions. Upon the dismissal of the case, the defendant will not have any criminal convictions as a result of this incident.

  • A Suffolk County Jury Returns Not Guilty Verdict in Domestic Assault and Battery Case Against a Brighton Man

    A Suffolk County jury acquitted a Brighton Massachusetts man of domestic assault and battery following a two day jury trial. The complaining witness testified that the defendant kicked, punched and pinned her against the wall in their Brighton apartment with their two year old son looking on crying. The prosecutor introduced nine photographs of bruised arms and legs that the witness claimed she received as a result of the severe beating by the defendant. Through cross examination Attorney McCarthy demonstrated that the witness failed to report the fact that the defendant kicked, punched or pinned her against the wall when the police arrived on the night of the incident. She also highlighted that fact that the witness declined medical attention and the fact that the police did not observe any red marks or cuts on her body when they arrived. Furthermore, although numerous photographs were introduced, none of them had the witnesses face in them. Attorney McCarthy argued that the photographs were not reliable evidence because the prosecutor failed to demonstrate that they depicted the witness's body or that they were a result of what happened on the night in question. Following a few hours of deliberations, the jury returned a not guilty verdict.

  • Charges of Domestic Assault and Battery Dismissed/Initial Case

    Police were dispatched to a residence as the result of an "abandoned 911 call." Upon arriving at the residence the officers observed a woman, the reporting party, to be shaking, crying and visibly upset. According to the police report, a physical altercation occurred that resulted in the woman's call to the police. The defendant was arrested and charged with domestic assault and battery and intimidation of a witness. The Commonwealth dismissed all charges against the defendant on the day of the trial.

  • Charge of Domestic Assault and Battery Dismissed and One Count of Possession of Herion To Be Dismissed/Initial Case

    According to the police report the police were dispatched to a home to take a report of a past "domestic assault and battery." The complainant informed the police that her boyfriend had been "shooting up heroin" earlier in the day because there were two needles on the coffee table in the living room where he was sitting. The complainant stated that during a verbal argument between the pair the defendant grabbed her by the arm and spit in her fact. The officers observed red marks over her eye. Officers approached the defendant who had left the home. The officers searched his wallet and found what they believed to be a packet of heroin. Our office filed a motion to suppress evidence and statements. On the day of the hearing the prosecutor dismissed the count of assault and battery. The count of possession of heroin was generally continued for one year. As long as the defendant stays out of trouble the count will be dismissed.

  • Charges dismissed against defendant charged with domestic assault/Initial Case

    Police responded to the apartment of a woman alleging that the defendant beat her up, threw a DVD player out of the window and smashed a car door window. Pre-trial investigation revealed that the complainant changed her version of the facts that led up to the incident. The judge dismissed all charges against the defendant on the trial date.

  • Pre-trial Motions resulted in the dismissal of six felonies and one misdemeanor/Initial Case

    A civilian witness claimed that a former employee committed two counts of larceny by check, two counts of forgery, two counts of uttering a false check and one count of larceny by a single scheme over $250.00 If convicted, the defendant could have received a maximum of up to ten years on each count on forgery and uttering a false check, up to five years on the larceny by single scheme and up to one year in jail on the larceny by check under $250.00. The defendant faced a total of 4 to 6 years in prison if convicted. Aggressive pre-trial investigation and successful litigation of motions resulted in the outright dismissal of all counts against the defendant prior to trial.