Case Dismissed For New Bedford Man Charged With Assault and Battery with a Dangerous Weapon

John L. Calcagni III

Criminal Charges:

Man Arrested by New Bedford Police and charged in New Bedford District Court, New Bedford, Massachusetts for Assault and Battery with a Dangerous Weapon and Assault and Battery.

Case Overview:

A New Bedford man was charged in New Bedford District Court with Assault and Battery and Assault and Battery with a Dangerous Weapon against a known female associate.  The two individuals were seen engaging in an altercation on the sidewalk.  The witness called police and reported that the female was loudly confronting the man, hitting him in the face with a cellphone, and pulling on his beard.  The man reacted by grabbing the female by the neck and slamming her head into a fence pole.  Based on this sequence of events, both parties were criminally charged in New Bedford Superior Court with Assault and Battery offenses.  The man, an Army Veteran, retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III to defend him in this matter.

Case Result:

Dismissed. Attorney Calcagni appeared with the man for his arraignment in New Bedford District Court where he entered not guilty pleas and was released on personal recognizance.  Attorney Calcagni then conferred with the attorney for woman.  Because both parties were named as defendants and victims in their respective cases, they each had a valid 5th Amendment privilege against self-incrimination that could be invoked to avoid testifying.  As such, once before the Court for a pretrial conference, the two parties invoked their respective privilege, leading to the dismissal of all charges.  

New Bedford District Court

75 N. Sixth St
New Bedford, MA 02740
Phone: (508) 999-9700
Cities and Towns: Acushnet, Dartmouth, Fairhaven, Freetown, New Bedford and Westport