Simple Assault clients verdict filed after trial by Criminal Defense Lawyer John L. Calcagni III

Recently a client came to Criminal Defense Attorney John L. Calcagni for the charge Simple Assault. The details of the case are below:


CHARGES: Simple Assault

CASE DETAILS: Man and his cousin (Co-Defendants) are charged with physically assaulting a neighbor who resided on the second floor of their two-story tenement home.  The cousins pled not guilty and demanded a trial.  At trial, the victim testified that he was assaulted by the two men.  He further testified that he sustained physical injuries from the assault, to include bruising about his body and two black eyes.  Counsel vigorously cross-examined the victim, particularly about his failure to report the incident to the police until 3 days later; the many inconsistencies between his in-court testimony and handwritten police statement; and unexplained memory lapse regarding details of this event.  Thereafter, the two cousins testified.  Their testimony directly contradicted the victim’s allegation.  They specifically testified that they were awoken in the early morning hours from sounds of pounding on their apartment door. When the cousins answered the door, they discovered the alleged victim standing there, naked, highly intoxicated and apparently bleeding from the mouth.  The men testified that they told the alleged victim “to go upstairs to bed,” closed the door and returned to bed.  They had no contact with him until 3 days later when the police came to the house and arrested them for assault.  Following all of the testimony, the trial judge indicated that he found none of the witnesses’ testimony to be credible.  He characterized the two versions of events, as provided by the alleged victim and cousins, as irreconcilable. However, he found the men guilty on the basis of photos depicting the alleged victim with two black eyes.  Following this verdict – which was inconsistent with the evidence presented at trial – Counsel successfully argued that the case be filed for one year, a disposition normally offered at pretrial conferences to first-time offenders.  Providing the cousins do not have any further police contact for a period of one year, this matter will be expunged and no criminal conviction will be imposed from this incident. However, he found the men guilty on the basis of photos depicting the alleged victim with two black eyes. 



RESULT: Filed after Trial. Following this verdict – which was inconsistent with the evidence presented at trial – Counsel successfully argued that the case be filed for one year, a disposition normally offered at pretrial conferences to first-time offenders.  Providing the cousins do not have any further police contact for a period of one year, this matter will be expunged and no criminal conviction will be imposed from this incident.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.