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Case Result

Domestic Assault and Domestic Disorderly Conduct: Dismissed.

Domestic Assault and Domestic Disorderly Conduct: Dismissed.

A boyfriend and a girlfriend got into a verbal dispute after the girl accused the man of using crack cocaine. The boyfriend denied the allegations, which led to the argument. Prior to this incident, the two were drinking alcohol together in their apartment with another friend. The heated discussion caused the girlfriend and their friend to leave the apartment and go out to a local bar. The boyfriend called the girl’s cellphone many times, but received no response. He then went out looking for her. He found her at the bar where the two continued their argument. He then left without incident.

Sometime later that night, the girl returned to the apartment to locate her cellphone, which she had left behind earlier. When this occurred, the argument resumed and then became physical. The boyfriend allegedly threw her down onto the bed, pinned her down and threatened physical harm. He also refused to return her cellphone. The girlfriend left the apartment to avoid any further altercation and immediately reported things to police. In support of her allegations, she showed the police bruising to her arms, which she alleged was from her boyfriend, and missed calls on her cellphone from when she received, but did not answer his calls while at the bar.

Based on the girl’s allegations, police visited the man’s home, placed him under arrest and retrieved the girl’s cellphone, which was discovered in the man’s bedroom. The man was charged with Domestic Assault and Domestic Disorderly Conduct for what allegedly transpired between him and the girlfriend. As a former client, the man returned to Rhode Island Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.

Knowing the man’s background and reputation, Attorney Calcagni developed a strategy that capitalized on his client’s clean record, work history and military service. He also exploited the girl’s level of intoxication, as perceived by police, cast doubt on her memory and credibility, as well as to theorize that the man’s alleged actions were aimed at preventing his girlfriend from drinking and driving. With this collective information, Attorney Calcagni successfully negotiated for the dismissal of this case and its charges against the man at a pretrial conference. The charges have subsequently been sealed and erased from the man’s criminal history record.