Criminal Charges:
Assault and Battery on a Family or Household Member in violation of M.G.L. c. 265, § 13M(a)
Assault with a Dangerous Weapon in violation of M.G.L. c. 265, § 15B(b)
Intimidation of a Witness in violation of M.G.L. c. 268, § 13B
Case Overview:
A woman walked into the Saugus Police Station to report a past domestic violence incident that she alleged occurred with her husband. The woman alleged that the incident began as a verbal altercation but escalated into a physical altercation when her husband shoved her to the ground and threw a chair in her direction. Although the chair did not hit the woman, she advised police that she had to move out of the way to avoid being struck by it. The woman further stated to police that she did not report the incident right away because her husband threatened to “ruin her life” if she did. The woman also advised police that her husband had access to firearms at his family’s home. Based on these representations, the police criminally charged the husband in Lynn District Court with various domestic violence charges to include Assault and Battery on a Family or Household Member, Assault with a Dangerous Weapon, and Intimidation of a Witness. The wife also successfully filed for a restraining order against the husband. The man smartly hired Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in this matter.
Case Result:
Dismissed. Attorney John L. Calcagni, III put his entire team to work on this case. They investigated the woman’s background, immigration status, and motives to fabricate. They also defended the man in the restraining order hearing and forced the case to trial. On the morning of trial, they successfully filed a motion, over the District Attorney’s objection, to dismiss this case for lack of prosecution. As such, the criminal charges were dismissed, and the related restraining order was terminated.
Lynn District Court, Massachusetts
580 Essex Street
Lynn, MA 01901
Phone: (781) 598-5200
Cities and Towns: Lynn, Marblehead, Nahant, Saugus and Swampscott
