Massachusetts Assault and Battery Defense Attorney, Assault with a Dangerous Weapon Lawyer MA

Assault Charges

Domestic Assault; Domestic Disorderly Conduct: Not Guilty Filing; to be expunged

Man was charged with both Domestic Assault and Domestic Disorderly Conduct for allegedly attacking and verbally abusing/threatening his sister. The incident allegedly occurred at the Defendant’s and Victim’s brother’s home where the children’s elderly and terminally ill mother resides. The matter was passed to trial. Following a devastating cross examination by Attorney Calcagni of the alleged victim, the Court ordered a recess and encouraged the parties to negotiate a resolution. The cross-examination uncovered bias and motives to fabricate on behalf of the alleged victim, as well as prior inconsistent statements made by her. Because of this fact, along with the unfortunate divide the pending matter was causing the family, the Court encouraged a resolution short of a judicial decision. As a result, Attorney Calcagni successfully negotiated for dismissal of the Domestic Assault Charge and amendment of the Domestic Disorderly Conduct charge to straight Disorderly Conduct. Thereafter, the Court chose to file this charge for one year without requesting or accepting a plea from the Defendant. The filing was ordered while allowing the Defendant to maintain his “not guilty” plea. No sentence or punishment was imposed. Providing the Defendant has no adverse contact with law enforcement within the next year, this matter will ultimately be expunged and the Defendant will suffer no criminal conviction or adverse consequences from this event.

RESULT: Not Guilty Filing; to be expunged

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Everywhere you look in today’s society, you see the evidence and appearance of people being charged with assault. It is one of the most commonly charged crimes in our society today, and it comes in many different packages, but it amounts to the same issue. Sexual Assualt substantiates a different type of crime and information on sexual assault charges can be found here.

Contact Massachusetts Assault & Battery Criminal Defense Lawyer John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Categories and Penalties for Assault

There are degrees of assault that can vary within each state’s jurisdiction, starting with First Degree Assault being the most serious, and moving up to Fifth Degree Assault in some states being the most common and least serious; a misdemeanor offense. Within the most serious degrees of assault there are sentencing guidelines that include a ‘presumptive range,’ which means that the Judge has to sentence a defendant convicted of this crime to at least the midpoint of the sentencing range. There are exceptions made only for crimes of passion, or situations where someone is provoked, the Judge then has the discretion to ignore the mandatory sentence.

The charge of Third Degree Assault, a first degree misdemeanor crime, and the only assault charge classified as a misdemeanor, carries a penalty of up to a possible two year imprisonment term in some jurisdictions. This level of assault is applied when a person causes bodily harm to another person, either due to reckless acts, or on purpose. This means that you may be charged with this crime even if you didn’t mean to hurt the other person, or were somehow negligent.

Contact MA Assault Criminal Defense Attorney John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

For a charge of Second Degree Assault, a fourth degree felony crime, also called Assault with a Dangerous Weapon, the maximum penalty is 8 years, with a mandatory sentencing of 5 years, and the possibility of a fine of up to $14,000 in some states. This charge will apply if a person uses a dangerous weapon as part of the offense. If the dangerous weapon is also used to impose substantial bodily harm, the penalties are naturally increased with limits to the amount of fines or prison time that may be sentenced.

Assault and Battery; Assault with a Dangerous Weapon: Dismissed

Alleged drug-induced girlfriend assaulted boyfriend by biting and kicking him repeatedly about his body resulting in physical injury. Girlfriend was charged with both Assault and Battery and Assault with a Dangerous Weapon (i.e. shod feet).

RESULT: Successfully negotiated dismissal of all charges.

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First Degree Assault occurs as a criminal charge when great bodily harm has been caused to another person, or if the use of deadly force is used against law enforcement in most jurisdictions. Some states have sentencing guidelines of up to 20 years for this offense, combined with a fine of nearly $30,000.

Contact the Assault Criminal Defense Attorneys with John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.

Defenses to Assault Charges

Claims of self-defense can be brought forward in instances where the defendant admits that the assault occurred, however disputes the fact that it was unprovoked or unjustified.

Assault and Battery; Assault with a Dangerous Weapon; and Witness Intimidation: Dismissed

Serious domestic disturbance between husband and wife. Husband allegedly grabs wife by neck, throws her to floor, and punches her about the head and neck repeatedly. Husband then allegedly takes large kitchen knife and moves it over wife’s body up and down multiple times in a stabbing motion. As wife attempts to escape out front door, husband allegedly throws dining room chair striking her in the leg. As wife attempt to call 9-1-1, husband allegedly takes cell phone from her to prevent her from notifying police. Ultimately, the police are notified and husband is charged with Assault and Battery; 2 counts of Assault with a Dangerous Weapon (i.e. knife and chair); and Witness Intimidation.

RESULT:Successfully negotiated dismissal of all charges on the morning of trial.

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Situations where a defendant claims self-defense in response to a charge or claim of assault will ultimately be the decision of the jury in the case once the facts of the matter have been understood. Some of the facts that a jury will need to know to decide are which party was the aggressor, whether the defendant believed they were in imminent danger, and whether the self-defense was a reasonable one that did not use excessive force.

Defending others also falls under this category, and again, must subscribe to the standards for the decision to be reached by the jury.

Whenever you are facing a criminal charge of any kind, it is imperative that the evidence and witnesses be preserved. Hiring an aggressive defense attorney immediately to preserve your rights is very important.

Also, since the sentencing guidelines and the charges for the various degrees of assault can fluctuate and vary according to the state that you live in or the state in which the crime was committed and charged, it is in your best interest to seek the advice of an experienced assault and criminal defense attorney in your jurisdiction.

Contact the Massachusetts Assault & Battery Defense Lawyers with John L. Calcagni by Email or call today at (401) 351-5100 to schedule a FREE CONSULTATION.