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Case Result

Assault and Disorderly Conduct

Assault and Disorderly Conduct

An Air Force Captain had a physical altercation in public with his childhood friend. The friend had a drinking problem for which he needed help. When times got rough, he reached out to the Captain for assistance.

One day, the two visited a local bar after going to a professional baseball game with a group of friends. The friend expressed an interest at the bar in drinking beer. The Captain assented, but strongly warned both his friend and the bartender against serving him any hard liquor. The friend failed to heed this warning, as did the bartender. After a few beers, the friend began ordering and consuming shots of hard liquor.

He soon became intoxicated and was acting belligerently. The Captain told his friend to be quiet and calm down, but the friend did not listen. The Captain warned him again and threatened to knock him out if he did not curtail his behavior.

The friend again ignored the Captain’s warning. As promised, the Captain punched his friend in the face rendering unconscious and on the ground. The man quickly regained consciousness and the two exchanged apologies.

However, bystanders in the bar who observed the incident called 911. Police and rescue responded to the scene. The friend declined medical attention refused to press charges against the Captain. Notwithstanding, police arrested the Captain and charged him with both Assault and Disorderly Conduct. The Captain admitted his actions to police and was fully cooperative with their investigation.

Once criminally charged, he retained Attorney John L. Calcagni III to defend him in this matter. As a military officer, he could not sustain any form of criminal conviction without jeopardizing his military career and security clearance.

Attorney Calcagni interviewed the Officer’s friend and obtained his signature on an affidavit supporting dismissal of the Captain’s case.

He then negotiated with prosecutors for dismissal by emphasizing the Captain’s lack of criminal history, extensive military career, friend’s lack of support for prosecution, and the arguable justification the Captain had for knocking out his friend. Based on the overall collective facts and circumstances of this situation, Attorney Calcagni successfully persuaded the prosecutor to dismiss the charges.

Once dismissed, Attorney Calcagni then successfully moved the Court to seal this case and its charges from the public record so that the Captain’s military career is not adversely affected.