Criminal Charges:
Assault and Battery in violation of M.G.L. c. 265, § 13A(a)
Case Overview:
Bellingham Police (hereinafter “police”) were dispatched to a fight between two, adult twin brothers at their home. Their respective girlfriends were also present and witnesses to the fight. One of the women actually called the police. When they arrived, one of the men had already left with his girlfriend. Police then spoke with the remaining brother and his girlfriend at the residence. The brother told police that he and his brother (the man) had an argument, which turned physical when the two began to wrestle and throw punches at each other. The woman on scene indicated that the brother who departed had started the fight, was out of control, and caused physical damage to the home. Police observed damage to the front door, along with a coat rack and chair, as well as a toilet seat that had been broken during the fight. When police questioned the brother and girlfriend who had departed, they claimed that the brother who remained inside the home was the aggressor. Unable to properly identify the aggressor or the victim, police arrested and charged both brothers with Assault and Battery in violation of M.G.L. c. 265, § 13A(a). Following their arrests, the twins contacted Massachusetts Criminal Defense Attorney, John L. Calcagni III, to defend them in this matter.
Case Result:
Dismissed. As time passed, both brothers were prepared to invoke their respective 5th Amendment Privilege against self-incrimination. Neither brother wanted the other to face legal consequences for what they both perceived as a private family matter of sibling rivalry. As such, Attorney Calcagni and his team successfully persuaded prosecutors in the Worcester County District Attorney’s Office to dismiss these matters upon the payment of $100 in court costs.
Milford District Court, Massachusetts
161 West Street
Milford, MA 01757
Phone: (508) 473-1260
Cities and Towns: Mendon, Upton, Hopedale, Milford and Bellingham