May 2012 Assault and Battery and Assault with a Dangerous Weapon Attempted Rape: Dismissed
Man charged with Assault and Battery and Assault with a Dangerous Weapon for allegedly attempting to rape his longtime girlfriend. Attorney Calcagni successfully moved to have these charges dismissed.
Boyfriend and girlfriend had been in a long term relationship. The relationship was not without its challenges. The boyfriend was in his mid-twenties. He was single guy with no children or marital history. He was also gainfully employed educated and had a reputation of being a ladiesÒ man. The girlfriend was a grown woman. She was more than ten (10) years older than the boyfriend had children and grandchildren and was unemployed. The couple carried on romantically and sexually for years only experiencing problems when the younger boyfriend was caught cheating which occurred from time to time.
One day the older girlfriend visited her young boyfriendÓ³ apartment after he failed to answer his cell phone multiple times. While standing at the boyfriendÓ³ front door she noticed movement inside the apartment. This raised her suspicions. She then heard noise coming from the side of the apartment building. The girlfriend went to the side of the apartment building and noticed a young woman climbing out of the window to her boyfriendÓ³ apartment. The girlfriend enraged with jealousy approached the young woman to confirm her suspicions Ö that her young boyfriend was cheating once again. Moments later the woman made her way into the boyfriendÓ³ apartment to confront him on his relations with other women.
When the girlfriend emerged she contacted police and reported that her boyfriend had tried to rape her. She alleged that once inside the apartment her boyfriend grabbed her by the throat and slammed her against the wall which caused her to lose balance and fall backwards. She further alleged that he then smacked her in the face and began yelling that he was Ô§oing to f*#k herÔ or words to that effect. She claimed that he then began pulling down her pants and underwear. He then grabbed her by the hair and dragged her into the bedroom where he proceeded to pull down his jogging pants. He pushed her onto the bed and grabbed her shirt and sports bra and with brute force grabbed onto her breast. She alleged that this caused her sever pain. She stated that she yelled at him to stop and that he would be raping her if he had sex with her. She stated that he grabbed her legs at the knees and attempted to force them open. He then attempted to get on top of her. She claimed that she kicked him in the stomach and began to scream at which time he allegedly placed his hand over her mouth and yelled at her to stop yelling. She stated it was then that her boyfriend got off of her and allowed her to leave the apartment. After reporting making these ugly and serious allegations to police officers subsequently located the young boyfriend and placed him under arrest for Assault and Battery and Assault with a Dangerous Weapon.
The man was arraigned and because of his clean record and work history released on his promise to return to court in the future. He quickly retained the expert legal services of Attorney Calcagni to defend him against these serious charges and even more serious factual allegations. Attorney Calcagni demanded a jury trial on his clientÓ³ behalf right away. A trial date was set within weeks. On the morning of trial Attorney Calcagni successfully moved to have the case dismissed. Seeking a dismissal Attorney Calcagni highlighted for the court that the girlfriend and alleged victim had a record of using the police and criminal justice system against her cheating boyfriend and had even been convicted in the past for the crime of filing a false police report. He argued to the Court that the girlfriend had fabricated the allegations as she had done in the past; was motivated by jealousy; and if called to testify at trial would invoke her right to remain silent. After several minutes of argument with the reluctant trial judge Attorney Calcagni successfully convinced both the Court and prosecutor to dismiss this case against his client.