Criminal Charges:
Man arrested in New Bedford, Massachusetts and charged at the New Bedford District Court for:
- Assault and Battery on a Family or Household Member in violation of M.G.L. c. 265, § 13M(a)
- Assault and Battery on a Pregnant Victim in violation of M.G.L. c. 265, § 13A(b)
Case Overview:
Police were dispatched to an apartment in New Bedford, Massachusetts for the report of a domestic disturbance. The man’s girlfriend called 911 and claimed that a physical altercation had transpired between them. She also alleged that the situation had become an emergency. Police arrived on scene and she asked to speak with them outside privately. She informed police that she and the man got into a verbal argument that turned physical when he punched her in various places on her body and grabbed her by her left wrist. Police observed that she was visibly pregnant and had noticeable marks and bruising on her left wrist. When police asked the man what happened, he acknowledged they had a verbal argument, but denied that anything physical happened. The man was arrested and charged in New Bedford District Court with Assault and Battery on a Family or Household Member in violation of M.G.L. c. 265, § 13M(a) and Assault and Battery on a Pregnant Victim in violation of M.G.L. c. 265, § 13A(b). Regretting her decision to call police, the girlfriend retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, on her boyfriend’s behalf.
Attorney Calcagni immediately obtained an affidavit from her stating that she did not wish to press charges and invoking her 5th Amendment privilege against self-incrimination. He also instructed the woman to retain counsel. In light of the man’s lengthy criminal record of violence, Attorney Calcagni could not secure his release on bail. He was held, at the prosecution’s request, on grounds of dangerousness. Attorney Calcagni’s team quickly scheduled this matter for a bench trial. The prosecution would not dismiss the case and sought to proceed without the girlfriend’s testimony but relying on her 911 call. The parties filed completing motions in limine for and against the exclusion of the call at trial. Following a motions hearing, the Court sided with Attorney Calcagni declaring the call both hearsay and constitutionally inadmissible. Without this evidence, the prosecutor represented to the Court that it was unable to prove its case at trial. Based on this representation, Attorney Calcagni successfully moved the Court to dismiss the case for lack of prosecution. After 4 months in pretrial custody, the man was immediately released to reunite with girlfriend and newborn baby.
Case Result:
Dismissed.
If you have been arrested and charged in the New Bedford District Court with domestic violence and need an experienced Domestic Assault Defense Attorney contact John L. Calcagni, III today for a free consultation at (508) 213-9113
