June 2013 Domestic Assault and Battery

Domestic Violence Offenses

Police Report:

Police charged a young man with Domestic Assault and Battery against his former live-in girlfriend. The couple allegedly had a falling out that resulted in the man asking his girlfriend to vacate their common apartment. Following an altercation the details of which are subject to dispute the girl left the apartment. The next day she filed a complaint with the local police claiming that her boyfriend struck her in the face with a closed fist. The investigating officer took a statement from the complaining victim and also took a digital photograph of her face which displayed redness and swelling consistent with her allegation of being punched in the face. The girl then visited the local court house and successfully obtained a restraining order against the ex-boyfriend. As a result of these efforts the boyfriend was charged with one count of Domestic Assault and Battery.

The man retained Attorney John L. Calcagni III to defend him in this criminal matter. After several unsuccessful pretrial conferences the man on Attorney Calcagniӳ advice opted to exercise his right to a trial. On the morning of trial. moments before empaneling a jury Attorney Calcagni successfully negotiated a pretrial disposition of the case that was simply too good to be true.

The disposition provided that the man would maintain his innocence by not admitting to any guilt or any wrongdoing. His case however would remain open for 12 months during which time he would remain on what is known as ԰retrial probation. Providing the man is not charged with a new offense during this time period the case will be dismissed at the end of the year and he will not incur a criminal record or conviction from this incident. The man accepted and the Court adopted this disposition.

Congratulations on this favorable result.

Criminal Case Result:

  • Domestic Assault and Battery: Pretrial Probation for 12 Months