Assault with a Dangerous Weapon in Fall River Massachusetts
Charges
- Assault with a Dangerous Weapon – M.G.L. c. 265, § 15B (b)
Court Information
Fall River, Massachusetts
Bristol County
Fall River District Court
Case Overview
Fall River Police received a walk-in complaint from an individual claiming he was assaulted with a firecracker. The individual informed police that while he was walking home, he passed by a vehicle from which an occupant threw an ignited firecracker in his path. Although the firecracker did not hit him directly, it was thrown in his general direction, and landed at his feet before exploding. The man was startled, believing the firecracker was something more dangerous. The man and the male occupant of the vehicle got into an altercation over this incident. When police spoke to the occupant, he admitted to throwing the firework, but informed police that after he threw it, the other individual approached and assaulted him by wrapping both hands around his neck, and choking him to a point where he could not breathe. The occupant received a summons to appear for arraignment in Fall River District Court on the charge of Assault with a Dangerous Weapon. After being arraigned and released on bail, he hired Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case. Attorney Calcagni and his team performed some pretrial investigation, highlighted the physical misconduct of the complaining party (who was also criminally charged), and advocated for the dismissal of the man’s charges, citing accident, lack of evidence, and the men’s respective 5th Amendment privilege claims against having to testify. The prosecution understood the collective impact of these arguments and ultimately agreed to dismiss the case.
Case Result
Case Dismissed