18-Month CWOF for Domestic Assault and Strangulation Case in Freetown MA
Criminal Charges:
Man charged in the Fall River District Court for:
- Assault and Battery on a Family / Household Member, in violation of M.G.L. c. 265, § 13M
- Assault and Battery with a Dangerous Weapon, in violation of M.G.L. c. 265, § 15A(b)
- Witness Intimidation, in violation of M.G.L. c. 268, § 15D(b)
- Strangulation or Suffocation, in violation of M.G.L. c. 265, § 15D(b)
City, State, County and Court:
Freetown, Massachusetts, Bristol County
Fall River District Court
Case Overview:
A man with a lengthy history of several restraining orders, and violent and sexual offenses, to include Assault and Battery, Assault and Battery with a Dangerous Weapon, Threatening to Commit a Crime, Violating an Abuse Prevention Order, Witness Intimidation, Malicious Destruction of Property, Indecent Assault and Battery, and Rape, some of which resulted in felony convictions, was involved in a domestic incident with his wife. After the incident occurred, his wife walked into the police station actively bleeding from a laceration on her head with dry blood on her face, neck, and chest. There was also bruising on her right forearm and a two-inch abrasion below her knee. The wife informed police that following a verbal argument, her husband became enraged, choked her, knocked her to the ground in their garage, resulting in her head hitting a metal piece on the garage door, grabbed her by her head, and started slamming her head against the garage floor. He also took her cell phone to prevent her from calling the police and she described a large pool of blood that formed on the garage floor. The wife was transported to the hospital by ambulance for her injuries, needed four staples in her head, and successfully secured a restraining order. The police went to the martial residence and photographed the blood and wife’s hair discovered on scene, but the man was nowhere to be found. A warrant was issued for his arrest, and he retained the Law Office of John L. Calcagni III, Inc. to represent him in his case.
Case Result: 18-Month Continuation Without a Finding.
Attorney Calcagni surrendered him on the warrant, the Commonwealth filed a motion to hold him without bail on grounds of dangerousness, and Attorney Calcagni successfully secured his release on bail terms and conditions. The man elected to resolve his case with a pretrial disposition and negotiations commenced. Unable to secure the Commonwealth’s agreement to an 18-month continuation without a finding with conditions, Attorney Calcagni drafted a sentencing memorandum for the judge to consider. Following the judge’s consideration of the sentencing memorandum, and oral argument by the parties in support of their positions, the judge agreed to continue this case without a finding for 18-months with conditions. The man avoided three felony convictions, and in 18-months, assuming he remains out of trouble and abides by his conditions, this case and its charges will be dismissed.