Assault and Battery Case Results

Domestic Assault and Battery: Pretrial Probation for 12 Months.

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 Calcagni’s 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 “pretrial 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.

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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 , Assault and Battery and all criminal matters.

As a Criminal and Military Defense Attorney and former prosecutor with the US Army JAG Corps, John Calcagni, is admitted to practice in the United States Court of Appeals for the Armed Forces and the U.S. Army Court of Criminal Appeals, as well as the state and federal courts in Rhode Island, New York, Connecticut, Florida and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

Domestic Assault Case Results

If you have been charged with a domestic assault or an assault and battery crime in RI, MA, or on a Federal level, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a consultation now.

Domestic Assault: Dismissed
November 2011
Two brothers had a physical altercation in their parents’ home.  The incident began with the two brothers spending the day drinking.  Some time thereafter, the two got into a verbal disagreement.  The agreement escalated when the younger brother picked up a chair and threw it at his older brother in their family home.  The two then engaged in a fight, which prompted the older brother to contact 9-1-1 and notify the police that he had been assaulted.  The younger brother was placed under arrest and a no-contact order was imposed preventing him from having any contact with his brother.  The younger brother retained Attorney Calcagni to represent him in this matter.  Attorney Calcagni successfully negotiated at a pretrial conference for the dismissal of this charge.  The case and its charge were dismissed and the younger brother will not sustain a criminal record from this incident.

Domestic Assault and Battery case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer 

Husband and wife allegedly have altercation in their home.  Wife attacks and stabs husband in arm with a kitchen knife based upon her suspicion of his infidelity.  Husband allegedly responds by striking her with a wooden stool and pushing her to the ground.  Police are notified and respond to the couple’s home.  When the police attempt to take husband into custody for allegedly assaulting his spouse, the husband lunges at an officer and pushes him down a flight of stairs.  Husband is then pepper sprayed and restrained by multiple officers before being taking into custody.  He was subsequently charged with Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer.  Successfully negotiated for the dismissal of these charges on the morning of trial.

RESULT:  Dismissed.

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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.

Domestic Assault and Battery case Dismissed by Criminal Defense Lawyer John L. Calcagni III

Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer 

Husband and wife allegedly have altercation in their home.  Wife attacks and stabs husband in arm with a kitchen knife based upon her suspicion of his infidelity.  Husband allegedly responds by striking her with a wooden stool and pushing her to the ground.  Police are notified and respond to the couple’s home.  When the police attempt to take husband into custody for allegedly assaulting his spouse, the husband lunges at an officer and pushes him down a flight of stairs.  Husband is then pepper sprayed and restrained by multiple officers before being taking into custody.  He was subsequently charged with Domestic Assault and Battery; Domestic Assault with a Dangerous Weapon; and Assault on Police Officer.  Successfully negotiated for the dismissal of these charges on the morning of trial.

RESULT:  Dismissed.

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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.