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.
----------------------------------------------------------------------------------------
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.
Military and Criminal Defense
Wednesday, March 16, 2011
Criminal Defense Lawyer John L. Calcagni III has successful outcome for client in case involving weapons while operating a vehicle under the influence.
Recently a client came to Criminal Defense Attorney John L. Calcagni for the charges of Carrying a Dangerous Weapon, Operating under the Influence of Alcohol, and Improper Operation of Motor Vehicle. The details of the case are below:
CHARGES: Carrying a Dangerous Weapon; Operating under Influence of Alcohol; and Improper Operation of Motor Vehicle
CASE DETAILS: Motorist was stopped by police because of a defective headlight. At the time of the stop, police observed the motorist to have blood shot eyes, alcohol emanating from his breath and slurred speech. Police asked motorist to step from vehicle and administered to him a series of field sobriety tests, which the motorist failed. As a result, man was arrested on suspicion that he was Operating a Motor Vehicle under the Influence of alcohol. Before taking the man into custody, police asked the motorist if he had any weapons in his possession. The motorist displayed to police a butterfly knife on his person and admitted to having a loaded pellet gun in his trunk along with a pair of nunchakus (AKA: nunchucks). Police seized these weapons and placed man under arrest. Back at the police station, motorist submitted to a breathalyzer test that measured his BAC at .15. Based upon the foregoing, man was charged with two counts of Carrying a Dangerous Weapon; one count of Operating under Influence of Alcohol; and one count of Improper Operation of Motor Vehicle.
RESULT: Dismissed / Continued without a Finding. Successfully negotiated that the weapons and improper operation charges be dismissed. Further negotiated that man receive a 12-month continuation without a finding for OUI and that no criminal conviction be imposed from this incident.
----------------------------------------------------------------------------------------
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.
CHARGES: Carrying a Dangerous Weapon; Operating under Influence of Alcohol; and Improper Operation of Motor Vehicle
CASE DETAILS: Motorist was stopped by police because of a defective headlight. At the time of the stop, police observed the motorist to have blood shot eyes, alcohol emanating from his breath and slurred speech. Police asked motorist to step from vehicle and administered to him a series of field sobriety tests, which the motorist failed. As a result, man was arrested on suspicion that he was Operating a Motor Vehicle under the Influence of alcohol. Before taking the man into custody, police asked the motorist if he had any weapons in his possession. The motorist displayed to police a butterfly knife on his person and admitted to having a loaded pellet gun in his trunk along with a pair of nunchakus (AKA: nunchucks). Police seized these weapons and placed man under arrest. Back at the police station, motorist submitted to a breathalyzer test that measured his BAC at .15. Based upon the foregoing, man was charged with two counts of Carrying a Dangerous Weapon; one count of Operating under Influence of Alcohol; and one count of Improper Operation of Motor Vehicle.
RESULT: Dismissed / Continued without a Finding. Successfully negotiated that the weapons and improper operation charges be dismissed. Further negotiated that man receive a 12-month continuation without a finding for OUI and that no criminal conviction be imposed from this incident.
----------------------------------------------------------------------------------------
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.
Vandalism case Dismissed by Criminal Defense Lawyer John L. Calcagni
Recently a client came to Criminal Defense Attorney John L. Calcagni for a charge of Vandalism and a violation of probation case. The details of the case are below:
CHARGES: Vandalism and Probation Violation
CASE DETAILS: Man on 5-year probation for felony assault. During this probation period, man charged with vandalism for an altercation that occurred at a local bar where a glass door was broken. Patrons at the bar claimed that the man was asked to leave for his disorderly behavior, and in retaliation, kicked a glass door causing it to shatter. Police were notified and arrested the man for vandalism. Once in police custody, the man was also charged with violating the terms of his probation.
RESULT: Dismissed. Successfully negotiated that the vandalism charge be dismissed at the first pretrial conference. Thereafter, successfully negotiated disposition of the alleged probation violation whereby the man admitted violating his probation, but received no punishment because the underlying vandalism charge was dismissed.
----------------------------------------------------------------------------------------
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.
CHARGES: Vandalism and Probation Violation
CASE DETAILS: Man on 5-year probation for felony assault. During this probation period, man charged with vandalism for an altercation that occurred at a local bar where a glass door was broken. Patrons at the bar claimed that the man was asked to leave for his disorderly behavior, and in retaliation, kicked a glass door causing it to shatter. Police were notified and arrested the man for vandalism. Once in police custody, the man was also charged with violating the terms of his probation.
RESULT: Dismissed. Successfully negotiated that the vandalism charge be dismissed at the first pretrial conference. Thereafter, successfully negotiated disposition of the alleged probation violation whereby the man admitted violating his probation, but received no punishment because the underlying vandalism charge was dismissed.
----------------------------------------------------------------------------------------
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.
Tuesday, February 8, 2011
Firearms and Assault client found Not Guilty after trial by Criminal Defense Lawyer John L. Calcagni III
CHARGES:
Discharge of a Firearm within 500 Feet of a Building;
Carrying a Firearm without a Permit;
Defacing the Serial Number of a Firearm;
Assault and Battery with a Firearm.
Man charged with conducting a drive by shooting at a 7-Eleven gas station in New Bedford, MA. Police alleged the man exacted revenge on rival gang members at the 7-Eleven following a similar drive by shooting the day prior whereby the man’s brother sustained two gunshot wounds. The 7-Eleven shooting incident occurred in the early morning hours of November 10, 2009. It was witnesses by several parties and partially caught on a surveillance video. The police engaged in a high speed chase with the man after receiving reports of gun shots at the 7-Eleven and a description of the man’s white car fleeing the scene. During chase, police observed a passenger run from the fleeing vehicle and into a nearby housing project. Police lost sight of the vehicle for a brief period of time, and then discovered it abandoned on a dead end street near a rural cemetery. A posse of police officers and K9 police dogs searched the entire area to include the abandoned car, housing project and nearby cemetery. The search uncovered a firearm abandoned in the housing project; an empty magazine that matched this firearm in the abandoned car; and the Defendant hiding in the cemetery. He was subsequently arrested and charged with Discharging a Firearm within 500 Feet of a Building; Carrying a Firearm without a Permit; Defacing the Serial Number of a Firearm; and Assault and Battery with a Firearm. Defendant confessed to police that he had been shot at by hang rivals at the 7-Eleven and denied being involved in the shooting. Defendant also consented to gunshot residue testing, which came back negative. Also, no prints were uncovered from either the firearm or magazine. The police also developed no ballistic evidence that either the discovered firearm or magazine were connected to the charged incident. The case proceeded to trial lasted approximately one week. At the outset of trial, the Defense filed a series of motions in limine, many of which were granted. Thereafter, the Commonwealth presented its case, which involved video evidence; physical evidence; documentary evidence; and the testimony of eleven police and civilian witnesses. The Defense crossed examined each witness vigorously and offered various pieces of demonstrative evidence. After the close of the Commonwealth’s case, I moved for a directive verdict. The Court granted my motion with respect to count 3, defacing the serial number of a firearm. The Court denied the motion with respect to the remaining counts and allowed the matter to proceed to the jury. After 2.5 hours of deliberation, the jury rendered its verdict of not guilty on all remaining charges. Defendant was acquitted and released from the courthouse.
RESULT: Not Guilty After Jury Trial.
----------------------------------------------------------------------------------------
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.
Discharge of a Firearm within 500 Feet of a Building;
Carrying a Firearm without a Permit;
Defacing the Serial Number of a Firearm;
Assault and Battery with a Firearm.
Man charged with conducting a drive by shooting at a 7-Eleven gas station in New Bedford, MA. Police alleged the man exacted revenge on rival gang members at the 7-Eleven following a similar drive by shooting the day prior whereby the man’s brother sustained two gunshot wounds. The 7-Eleven shooting incident occurred in the early morning hours of November 10, 2009. It was witnesses by several parties and partially caught on a surveillance video. The police engaged in a high speed chase with the man after receiving reports of gun shots at the 7-Eleven and a description of the man’s white car fleeing the scene. During chase, police observed a passenger run from the fleeing vehicle and into a nearby housing project. Police lost sight of the vehicle for a brief period of time, and then discovered it abandoned on a dead end street near a rural cemetery. A posse of police officers and K9 police dogs searched the entire area to include the abandoned car, housing project and nearby cemetery. The search uncovered a firearm abandoned in the housing project; an empty magazine that matched this firearm in the abandoned car; and the Defendant hiding in the cemetery. He was subsequently arrested and charged with Discharging a Firearm within 500 Feet of a Building; Carrying a Firearm without a Permit; Defacing the Serial Number of a Firearm; and Assault and Battery with a Firearm. Defendant confessed to police that he had been shot at by hang rivals at the 7-Eleven and denied being involved in the shooting. Defendant also consented to gunshot residue testing, which came back negative. Also, no prints were uncovered from either the firearm or magazine. The police also developed no ballistic evidence that either the discovered firearm or magazine were connected to the charged incident. The case proceeded to trial lasted approximately one week. At the outset of trial, the Defense filed a series of motions in limine, many of which were granted. Thereafter, the Commonwealth presented its case, which involved video evidence; physical evidence; documentary evidence; and the testimony of eleven police and civilian witnesses. The Defense crossed examined each witness vigorously and offered various pieces of demonstrative evidence. After the close of the Commonwealth’s case, I moved for a directive verdict. The Court granted my motion with respect to count 3, defacing the serial number of a firearm. The Court denied the motion with respect to the remaining counts and allowed the matter to proceed to the jury. After 2.5 hours of deliberation, the jury rendered its verdict of not guilty on all remaining charges. Defendant was acquitted and released from the courthouse.
RESULT: Not Guilty After Jury Trial.
----------------------------------------------------------------------------------------
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.
Wednesday, January 26, 2011
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.
----------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------
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 Witness Intimidation case Dismissed by Criminal Defense Lawyer John L. Calcagni III
Domestic Assault and Witness Intimidation case Dismissed by Criminal Defense Lawyer John L. Calcagni III
----------------------------------------------------------------------------------------
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 Witness Intimidation
Husband and wife alleged have altercation in their home. A 911 call is made, but the phone is hung up. Police are notified and dispatched to the home. Upon arrival, investigation yielded information to believe that the spouses got into a verbal argument. When the wife attempted to call 911, husband unplugged the phone from the wall to prevent her from notifying the authorities. The wife plugged phone back in and called 911. However, the call was disconnected by the husband, resulting in the 911 hang-up. Based upon these facts, husband was charged with Domestic Assault and Witness Intimidation. Successfully motioned the Court to dismiss all charges at a pretrial conference.
RESULT: Dismissed
----------------------------------------------------------------------------------------
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.
Subscribe to:
Posts (Atom)