Criminal Assault and Battery Can Become a Civil Personal Injury Matter

 

An assault and battery is a personal injury that is inflicted on purpose by one person or group of people upon another. For this reason, many assault and battery cases are not only prosecuted from a criminal perspective by the state, but are also then sued civilly for damages from personal injuries to the victim. This is particularly true when the accused has been convicted at the criminal level.

Under the requirements for assault only, no contact need occur, and under the requirements for battery only, no intention need exist - yet to satisfy the requirements of assault and battery, the accused must be proven to have intended to cause either fear or harmful contact, as well as actually commit the offensive contact in question.

The only elements that need to be satisfied in order for a battery to exist are measurable harm, either physically, emotionally, or financially. The elements that must be satisfied in order for an assault to exist are only that the intent to do harm or cause fear, apprehension, or discomfort, be clear to a reasonable person. Under criminal law, if a battery is proven, the victim can file for compensation through a victim's fund, as well as file a civil lawsuit for personal injury compensation.

Bail Petitions to Massachusetts Superior Court

 

Bail is typically defined as some sort of property promised to the court in order to secure a suspect’s release from jail. The agreement carries with it the understanding that the suspect will return for trial on the date specified by the Court, or will lose the bail initially posted, and possibly be brought up on charges for failure to appear as well.

In some cases, if a defendant appears for every hearing the bail may be returned at the close of the trial, whether the person has been found guilty or not guilty of the crime accused. Under current bail law, the court is allowed to detain a suspect prior to a trial based upon how dangerous they may be to the community rather than the previous criteria of being a flight risk. This is determined at a dangerousness hearing.

If you are facing a bail hearing for a major crime or serious felony in Massachusetts Superior Court then you need the assistance of a qualified and experienced bail petition criminal Attorney who will successfully and aggressively fight for your rights. Bail is not always granted and often must be argued for these types of charges.

Heroin Conspiracy Case Decided

RI Criminal Attorney Calcagni secures the following sentence for heroin conspiracy client.

FACTS:

Man was charged in connection with an international heroin trafficking organization. The government charges multiple defendants with being part of this organization. The matter proceeded to a jury trial and all defendants who exercised their right to trial were convicted. The evidence established that a group of men were importing heroin from Guatemala using body couriers. The couriers would ingest or swallow large quantities of heroin in the form of small pellets and board commercial aircraft bound for the United States. Upon arrival, the body couriers were picked up from the airport and transported to a safe house where they would pass the pellets of heroin. The organization then cut the heroin, repackaged it for sale in distribution quantities and sold it to a customer base transcending different states. The government’s evidence at trial consisted of video and photographic surveillance; thousands of wiretapped telephone conversations among members of the drug trafficking organization and their customers; airline records; seized narcotics; seized automobiles with hidden compartments used for transporting drugs; seized cell phones; seized U.S. currency; and drug manufacturing/distribution paraphernalia.

POTENTIAL SENTENCE:

Mandatory Minimum Sentence Imposed

ARGUMENT:

Attorney Calcagni represented one of the alleged body couriers. This man was convicted at trial and faced a mandatory minimum jail sentence of 10 years and a possible maximum jail sentence of life. In preparation for the sentencing hearing, Attorney Calcagni traveled to Guatemala to meet his client’s family. He visited them in their homes located in Guatemala City, Guatemala. He interviewed the client’s wife, children, siblings and parents. He also visited the grave sites of various relatives who had passed away during his client’s incarceration. Attorney Calcagni’s main purpose for the trip was to capture on film and with photography the extreme poverty stricken and crime-ridden conditions where his client’s family resides. He also used the trip as an opportunity to come to better understand his client, such as his background, upraising and life circumstances. Attorney Calcagni used this experience and information he gained throughout his Guatemalan travels to advocate to the sentencing judge that his client receive no more punishment than the mandatory minimum allowable by law.

SENTENCE:

Attorney Calcagni’s plea to the Court was successful in that his client was ultimately sentenced to 121 months of incarceration – 1 month above the mandatory minimum of 120.

Medicare Fraud Case Decided by US District Court

RI Criminal Attorney Calcagni reports on the following case results for a criminal fraud defense client.


FACTS:
A pharmacist was charged in U.S. District Court with two counts of Conspiracy to Commit Medicare/Medicaid Fraud. The government alleged that the pharmacist conspired with patients to purchase their prescription slips for narcotic and other expensive medications.

The pharmacist did not fill these prescriptions, but instead, accepted the slips in exchange for cash. He then used the slips to support billing requests he submitted to Medicare/Medicaid to receive payment for prescribed medications that were never dispensed.

The government charges that the pharmacist engaged in this fraud scheme with multiple patients over a prolonged period during which he defrauded the United States and Medicare/Medicaid Programs out of approximately $150,000.00.

The pharmacist remained in pretrial custody for nearly 8 months while his case was pending. Prior to being charged, he spent 6 months in ICE custody due to an order that he be deported from the United States because his Green Card had expired.

POTENTIAL SENTENCE:
The pharmacist pled guilty to this misconduct and entered into a plea agreement with the government that provided for a sentencing range of 18-24 months. Notwithstanding, he still faced a maximum potential punishment of 10 years in jail; 3 years of supervised release, a fine of up to $250,000.00 and restitution of $150,000.00.

ARGUMENT:
A carefully prepared statement for the pharmacist’s sentencing presented the extenuating and mitigating factors of family; economic oppression, loss of pharmacy license, business and assets; life circumstances, and other factors to the sentencing judge.

Attorney Calcagni submitted these matters in support of his sentencing recommendation on the pharmacist’s behalf that he be sentenced to the time served in pretrial custody. Both the government, who sought a sentence of 19 months; and the U.S. Probation Department, who sought a sentence in the range of 3 years; opposed this request.

At the time of sentencing, the Court approved Attorney Calcagni’s sentencing recommendation. The pharmacist was sentenced to time served; no fine; and restitution in the approximate amount of $150,000.00.

SENTENCE:
Medicare/Medicaid Fraud: Time Served.




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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.

Search and Seizure and Your Rights

In any law enforcement situation, you have rights as a citizen and person, and should inform yourself as to those rights. It is a well known and documented fact that the police or government may not enter your home or business with the intent to search it without a warrant or other formal court order allowing them to do so. If someone in charge on the premises is asked by law enforcement for permission to search the home or business, it is definitely within their rights to refuse entry and decline to speak to them until after speaking with an attorney.

If the police or government agents appear at your door with a search warrant you are to step aside and allow them entry, and the police may detain you there while they search. In every case the owners and residents are permitted to observe the search as it is conducted. When they are finished with their search, you should receive a copy of the warrant, and receipts for anything seized during the search. You need to contact an attorney immediately after a search by law enforcement.

You are not required to speak to agents however, and should remain calm if possible and avoid chatting nervously in particular. Government agents tend to have an intimidating and commanding presence, however they are just like you and I, and are merely doing a job. Decline any offers of an interview and contact your attorney immediately.

You may speak to them if you choose to, and place limitations on your conversation, such as topics you will and will not discuss, where and when you will permit them to interview you, and the length you will agree to. Remember that any statements that are made to you by government agents concerning leniency or agreements made verbally are not binding on the government and as such should be entered into lightly. Obtain any and all agreements in writing and in the presence of your attorney for the protection and safe-guarding of your rights.
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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.

RI Organized Crime Charges Entered

Organized criminal activity is defined as groups of illegal activity enterprises centralized and run by criminals for the purpose of monetary profit. Organized crime defendants are charged on the Federal Criminal level, with typical activities consisting of extortion, hijacking trucks for cargo and goods, various forms of financial fraud, smuggling, bootlegging, and any other illegal activity that may generate financial gain. In order for prosecutors to sustain a conviction against a defendant charged with any of the crime related to organized criminal activity, they typically manage long, time consuming, and very explicit detailed investigations, involving inside information, and even wiretapping, to expose the criminal activity and gather enough evidence to charge the defendants.

The charges for those recently arrested from RI for suspected organized criminal activity have been publicly released.

Bail set for man arrested in organized crime sweep

Magistrate Joseph P. Ippolito Jr. of District Court set bail at $130,000 Friday for Vincent “Big Vinny” Tallo, who was arrested with 23 others in an organized crime sweep by state and local police on May 6.

Ippolito granted bail after a hearing. It was not known immediately whether Tallo was able to post the required 10 percent of the bail sum.

Tallo, 49, of 12 Poppy Hill Drive, Johnston, was charged with racketeering, organized criminal gambling, extortion conspiracy (four counts), bookmaking, conspiracy to violate the Uniform Controlled Substances Act, possession of a firearm while committing a crime of violence, and possession of a controlled substance with intent to deliver it.

Arrested in the same roundup were three prominent mobsters, Frank L. “Bobo” Marrapese Jr., 68, of Cranston, Edward C. Lato, 65, of Providence, and Alfred “Chippy” Scivola Jr., 69, of Johnston.

Thomas J. Morgan

Second Degree Murder Conviction in Fall River

A conviction of second degree murder in MA can carry with it a maximum sentence of life imprisonment with parole after 15 years. Second Degree Murder is differentiated from First Degree Murder by the missing requisite qualities of intent and premeditation.

In the instance below, the defendant was given the maximum sentence.

Fall River man guilty of second-degree murder

A Fall River man has been found guilty of killing a man whose body was rolled in a carpet and dumped in a Rhode Island river.

The Herald News reports that Arnaldo Flores was convicted of second-degree murder Thursday in Fall River Superior Court and sentenced to life in prison with the possibility of parole in 15 years.

The 27-year-old Flores took the stand at trial and claimed self-defense. He and other witnesses said the victim, Osvaldo Martinez, went to Flores’ home in December 2009 intending to rob him.

Flores said he fought back. Martinez was struck three times, including once in the chest.

Prosecutors say Flores, his sister and her boyfriend rolled Martinez’s body in a rug and dumped it in the Sakonnet River in Little Compton.

Associated Press