Attleboro Court Grants Continuation Without a Finding in Domestic Case
Criminal Charges:
Man charged in the Attleboro District Court, Bristol County, Massachusetts for:
- Assault and Battery on a Family/Household Member, in violation of M.G.L. c. 265, § 13M(a)
- Witness Intimidation, in violation of M.G.L. c. 268, § 13B
- Violation of an Abuse Prevention Order, in violation of M.G.L. c. 209A, § 7 (three counts)
Case Overview:
A husband and wife recently separated. One day, during their separation, the husband came to the family home unannounced where the wife was still residing. He aggressively entered the locked master bedroom where she was located and took her phone when she attempted to call 9-1-1. The call dropped, the 9-1-1 dispatcher called the wife back, and the husband forced her to say everything was okay. The husband then took her phone, pushed her to the floor, which caused bruising to her elbow, ran out of the house, and ripped the ring doorbell off the wall on his way out. Police arrived, spoke to the wife, and located a hidden camera in the master bedroom that was actively recording. The man was charged with Assault and Battery on a Family/Household Member and Witness Intimidation. The wife also successfully obtained a restraining order against him, and divorce proceedings commenced. Shortly thereafter, the husband was charged via a second criminal complaint with Violation of an Abuse Prevention Order. The Commonwealth moved to revoke his bail, but its request was denied. The husband then hired Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in these cases.
Case Result: 2 Year Continuation Without a Finding.
A few months later, while the cases were still pending, two additional criminal complaints were issued against him for Violation of an Abuse Prevention Order. The Commonwealth again moved to revoke his bail. As a matter of strategy, and in part, to avoid bail revocation, the husband agreed that it was in his best interests to attempt to resolve his cases. Following a victim impact statement by the wife in open court and competing arguments by the prosecutor and defense counsel, Attorney Calcagni and his team successfully persuaded the judge to continue the man’s cases without a finding for two years. The husband avoided any criminal convictions with this disposition. Assuming he remains out of trouble and satisfies his court-ordered conditions within the next two years, all cases will be dismissed and will be immediately eligible to be sealed from public record.