Criminal Charges:
Man charged in the Plymouth District Court, Plymouth County, for:
- Assault & Battery on a Family/Household Member, in violation of M.G.L. c. 265, § 13M(a)
- Improper Storage of a Firearm (2 Counts), in violation of M.G.L. c. 140, § 131L(a)&(b)
- Possession of a Firearm without an FID Card (2 Counts), in violation of M.G.L. c. 269, § 10(h)
- Possession of Ammunition without an FID Card, in violation of M.G.L. c. 269, § 10(h)
- Possession of a Large Capacity Feeding Device (2 Counts), in violation of M.G.L. c. 269, § 10(m)
Case Overview:
Police were dispatched to a domestic disturbance. Upon arrival, they spoke to a woman who had blood on her sweatshirt and hand. She informed police that her husband, a U.S. Army Veteran, headbutted her in the face. She left the residence prior to the police’s arrival. Upon her departure, the husband allegedly told her that he had his firearm and was not afraid to use it. Police confirmed the husband had a valid firearms license in Massachusetts. After locating him and prior to placing him in custody, he admitted to police that his wife did not do anything wrong. He further admitted that he pushed her to the ground, hit her on the head, and strangled her. Police then seized his firearms and ammunition from the residence, which included a Glock 22 (40mm), a Springfield XD-9, and multiple high capacity. magazines. The husband was arrested and charged with both Domestic Assault and Battery and multiple firearms related offenses. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in his case before the Plymouth District Court.
Case Result: Pretrial Probation with Conditions.
At arraignment, Attorney Calcagni and his team successfully transferred the man’s case to the Veteran’s Court. They next assembled a lengthy mitigation packet for the Commonwealth to consider during pretrial negotiations. After ongoing negotiations, the Commonwealth agreed to dismiss the Assault and Battery on a Family/Household Member charges and the firearm felony charges, including Possession of a Large Capacity Feeding Device which is a Superior Court felony. As for the remaining two firearm and ammunition misdemeanor possession charges, Attorney Calcagni and his team convinced the Court and Commonwealth to place the man on pretrial probation for one year with the conditions that he surrender all firearms and ammunition, not apply for any new gun licenses, continue treatment with the VA, and not abuse his wife. In one year, providing the man remains out of trouble and complies with all conditions, the remaining charges will also be dismissed, and the case will become eligible to be sealed from public record.
