Assault and Battery on a Pregnant Person and Witness Intimidation: Dismissed
A man and woman in a dating relationship had a verbal argument about infidelity. The woman returned home to their apartment one evening and began verbally and physically attacking her boyfriend for allegedly cheating on her with another woman. The man held her off and then retaliated by allegedly kicking her in the stomach repeatedly, knowing full well that she was 13 weeks pregnant.
When she attempted to contact police to report the assault, the man removed the cellphone from her hand to prevent her from doing so. The sounds of the altercation got the attention of neighbors who resided in the multi-family dwelling and called the police.
Once officers responded to the scene and questioned the parties, they placed the man under arrest for Assault and Battery on a Pregnant Person and Witness Intimidation. The assault and battery charge was for allegedly kicking the woman in the stomach and the witness intimidation charge was for allegedly removing a phone from her hands to prevent her from calling the police. The man retained Massachusetts Criminal Defense Lawyer John L. Calcagni III to defend him against these charges.
Attorney Calcagni conducted his own pretrial investigation of this matter and developed a defense strategy that shifted the focus away from his client and towards the aggressor girlfriend with a motive to fabricate based on the perceived infidelity. Based on a lack of independent and credible evidence, Attorney Calcagni successfully persuaded prosecutors to dismiss the case and charges against his client.