Criminal Charges:
Man charged in the Fall River District Court, Westport, Massachusetts, Bristol County for:
- Malicious Damage to a Motor Vehicle, in violation of M.G.L. c. 266, § 28(a)
- Assault with a Dangerous Weapon on a Person +60, in violation of M.G.L. c. 265, § 15B(a)
Case Overview:
Police were dispatched to speak with a male and female party who were involved in a road rage incident. They informed the police that as they were driving, a vehicle pulled up behind them laying on its horn, passed them in the no passing zone and immediately began repeatedly ‘brake-checking’ them. The vehicle then pulled into an apartment complex, turned around, pulled out of the complex, and threw a large object at their front windshield causing a spider web crack. Upon further investigation, to include interviewing witnesses and reviewing video surveillance, police discovered who the man was and went to his residence. The man answered the door and voluntarily agreed to speak with police. Although at first, he denied any involvement, he eventually admitted to throwing a cologne bottle at the other vehicle. A criminal complaint was issued against the man which charged him with Malicious Damage to a Motor Vehicle and Assault with a Dangerous Weapon on a Person +60. He retained the MA Criminal Defense Law Office of John L. Calcagni III, Inc. to represent him in his case.
Case Result: One Year Pretrial Probation.
After reviewing and analyzing all the evidence, and ongoing negotiations with the Commonwealth, Calcagni’s office successfully secured the Commonwealth’s agreement to place the man on pretrial probation, which is essentially a prolonged dismissal that requires no admission and is not a conviction, for a period of one year with the conditions that the man stay away and have no contact with occupants of the other vehicle and complete 20 hours of community service. In one year, assuming the man remains out of trouble and satisfies his conditions, both charges will be dismissed, and he will be immediately eligible to seal them from his Massachusetts criminal record.
