Criminal Charges:
Man charged in the Marlborough District Court, Middlesex County, Massachusetts for:
- Assault and Battery on a Family or Household Member, in violation of M.G.L. c. 265, § 13M(a)
Case Overview:
Police were dispatched to an apartment complex for the report of a domestic disturbance. A third-party called 9-1-1, claiming there was an ongoing a physical altercation between a husband and wife. Police responded and located the husband outside the apartment building who informed them that he was attempting to locate his wife to speak with her. Police then located and spoke to the wife who informed them her marriage was in turmoil for the past month and that she does not want her husband living with her anymore. The wife further informed police she attended a wedding over the weekend, and when she returned, her husband asked to see her phone because he did not trust her. The wife refused to show him the phone, prompting an argument between them. The situation escalated when the husband allegedly grabbed her arm to try and physically remove the phone from her possession. The wife rolled up her sleeve and showed police bruising on her inner bicep consistent with her claim of being grabbed. Based on the wife’s claim and appearance of bruising, police arrested the husband and charged him in Marlborough District Court with Assault and Battery on a Family or Household Member. The man was not a United States citizen and faced potential immigration consequences if convicted of the alleged domestic violence offense. He retained the Massachusetts Criminal Defense Firm, the Law Office of John L. Calcagni III, to defend him in his case.
Case Result: Pretrial Probation.
Following ongoing negotiations with the Commonwealth, and its consideration of a lengthy mitigation packet Attorney Calcagni and his team office submitted on the man’s behalf, the case was resolved in an immigration friendly manner consisting of one year of pretrial probation with the condition the husband abide by the interrelated restraining order if it is in place. After careful thought and consideration, the husband agreed to accept this offer and avoided any potential immigration consequences. Under Massachusetts law, pretrial probation does not involve any admission of guilt or result in a criminal conviction. Assuming the husband is not charged with a new offense within the next year and complies with the imposed condition, his case will be dismissed.
