Assault and Battery Complaint Denied in Fall River District Court

John L. Calcagni III

Criminal Charges:

Individual charged in Fall River District Court for:

  • Assault and Battery, in violation of M.G.L. c. 265, § 13A (a)

Case Overview:

Police were dispatched to a children’s museum for the report of a domestic disturbance. Upon arrival, police spoke to a man who was at the museum for his two-year-old step-grandson’s birthday party. Also present were several other family members and friends. He informed police that while seated and holding the child, he was approached by the child’s grandmother who asked him to hand the child over to her so she could fix his hair. He further informed police that when he refused to hand over the child, the grandmother tried to pull the child from his arms. Because he refused to let go, the grandmother struck him in his face causing his nose to bleed. When police spoke to the grandmother, and other witnesses present, they informed police that when the grandmother tried to take the child, the man pushed her, which resulted in the grandmother striking the man in the nose in self-defense. The police filed an application for criminal complaint against the man for Assault and Battery. He received a summons to appear in Fall River District Court for a Clerk-Magistrate’s Hearing. In response, he retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case.

Case Result: Application for Criminal Complaint Denied

After the hearing, and following arguments in the man’s defense, the application for criminal complaint was denied and the matter was closed.