Domestic Simple Assault
An elderly man suffering from cancer got into an altercation with his female domestic partner with whom he was cohabitating. The two got into a heated verbal argument that prompted the man to ask the woman to leave his home. She was sitting on the couch at the time and refused. When it was apparent to the man that the woman had no intention of respecting his wishes, the man walked over to her location, picked her up off of the couch and walked her to the door at which time she complied and exited the home. While outside in the cold weather, she asked for the chance to gather her belongings, which the man permitted. She then left the home again and permanently. Without a vehicle or mode of transportation, she walked to a neighbor’s home, reported what had transpired between her and the man, and asked to use the phone.
Police were contacted and reported to the scene. The man admitted his conduct of physically removing the woman from his home. Based on his admission and the woman’s report, the police arrested the elderly man and charged him with Domestic Simple Assault. The man was born and raised in New York City and was also a retired New York Police Office. He was referred to and retained Attorney John L. Calcagni III to represent him in this matter. Attorney Calcagni successfully negotiated for the dismissal of this case and underlying charge after a number of pretrial conferences. He then successfully sealed this matter from the man’s record. Congratulations and best wishes to this elderly gentleman.