Criminal Charges:
Man arrested in Easton, Massachusetts and charged at the Bristol County Taunton District Court for assault and battery with a dangerous weapon in violation of M.G.L. c. 265, § 15A(b) and mayhem in violation of M.G.L. c. 265, § 14
Case Overview:
Police responded to a private residence for a possible breaking and entering that was in progress where the suspect had been assaulted by the property owner. The property owner called 911 and informed the dispatcher that he “knocked out” the suspect. When officers arrived, the property owner appeared intoxicated, smelling of alcohol, sweating profusely, and flailing his arms around erratically. A woman then appeared from the backyard of the property and was covered in blood. She told police that her boyfriend was injured in the backyard and needed an ambulance right away. Police went into the backyard and observed a pool of blood on the ground next to a folding knife and a broken rake handle. Police also observed a black pellet gun rifle located on the steps leading into the residence. Police then noticed a man lying on the ground covered in blood with extensive facial injuries. The man had deep facial lacerations, his eye was swollen shut, his nose was separated from his face, and his ear was hanging halfway off of his head. It was later confirmed that the man suffered from severe facial fractures, broken ribs, and brain trauma. The man’s girlfriend began screaming and yelling, at which time the property owner attempted to lunge at her, but was halted by police. The police investigation did not yield a clear picture of what had happened. The apparent victim claimed he and the property owner had an argument, prompting the man to visit his residence in order to apologize and shake hands. The property owner claimed not to know the victim, and alleged that he had been the victim of an attempted home invasion, whereby he defended himself and his home. Due to the severity of the crime, as well as the extensive list of violent crimes on the property owner’s record, to include 79 adult arraignments, he was arrested. The man retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, and his team to defend his case.
Attorney Calcagni’s team successfully secured the man’s release on bail terms and condition over the Commonwealth’s motion to hold him without bail on grounds of dangerousness. Unable to negotiate a pretrial disposition, the matter was scheduled for trial. On the day of, the prosecution was unprepared and did not have its witnesses present and ready to proceed. At which time, the Defense successfully moved the Court to dismiss the case for lack of prosecution.
Case Result:
Dismissed.
If you have been arrested and charged criminally in Massachusetts and need an experienced assault and battery with a dangerous weapon attorney contact John L. Calcagni, III today for a free consultation at (508) 213-9113
