Fairhaven Assault and Battery Charge Resolved

John L. Calcagni III

Criminal Charges:

Man charged in the New Bedford District Court for:

  • Assault and Battery on a Family / Household Member, in violation of M.G.L. c. 265, § 13M(a)

City, State, County and Court:

Fairhaven, Massachusetts, Bristol County
New Bedford District Court

Case Overview:

Police were dispatched to a residence for the report of a domestic altercation involving an intoxicated man with a firearm who fled on foot. Upon arrival, police spoke to the man’s girlfriend who informed them that when a verbal argument ensued, her boyfriend started throwing things around the apartment, threw a vase of flowers containing water at her, and pushed her to the floor causing a knee injury. She woman also informed police her boyfriend displayed a firearm during the argument and has a history of both substance abuse and aggressive behavior. Police located the man and arrested him for Assault and Battery on a Family / Household Member. He retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, to represent him in his case before the New Bedford District Court.

Case Result: Six (6) Months Pretrial Probation.

After obtaining, reviewing, and analyzing all the evidence, and negotiations with the prosecution, Attorney Calcagni and his team successfully secured the Commonwealth’s agreement to place the man on pretrial probation for 6 months with conditions. Pretrial probation is a Massachusetts-specific disposition that is the equivalent of a prolonged dismissal. It requires no admission of responsibility or criminal guilt and does not result in a conviction. In this case, the man must also stay away and have no contact with the girlfriend, abide by the restraining order she put in place, undergo a mental health evaluation, and comply with any recommended treatment during this probationary period. Providing the man remains out of trouble and is not charged with a new offense during the pretrial probationary period and complies with the imposed conditions, this case and its sole charge will be dismissed after the passage of 6 months.