Man charged in the Norfolk County; Wrentham District Court for:
- Indecent Assault and Battery on a Person 14 or Over – M.G.L. c. 265, 13H
Police interviewed a woman regarding a sexual assault allegation that occurred at her place of employment. She informed police that one of her fellow male employees approached her, pressed himself against her, placed his arms around her, and began to grope her breasts and take her mask off. She repeatedly yelled no at the man, which prompted him to place his finger on her mouth and shush her. The woman pushed the man away, exited the building and proceeded to her motor vehicle in the parking lot. The man followed her to her car pleading with her not to tell anybody, which was witnessed by another employee and the woman reported the incident to police. Following the police investigation, a criminal complaint was issued against the man for Indecent Assault and Battery on a Person 14 or over. The man retained Massachusetts Indecent Assault and Battery Defense Attorney, John L. Calcagni III, and his team to represent him in his case.
Case Result: Continuation Without a Finding for 2 years. Sex offender registration not required..
The man ultimately decided he wanted to resolve his case short of proceeding to trial. The Commonwealth wanted him to plead guilty, sustain a conviction, and go on probation for 2 years, with several conditions, to include registering as a sex offender. This offer being unacceptable to the man, Calcagni’s team asked the judge to continue the matter without a finding for a period of 2 years (a non-conviction based probationary period) with conditions but asked the Court to not order him to register as a sex offender. Following oral argument in support of the parties’ positions, and the judge’s consideration of a mitigation packet the Defense submitted on the man’s behalf, the judge adopted the Defense’s recommendation. The man accepted the judge’s offer and avoided both a conviction and having to register as a sex offender. In 2 years, assuming the man remains out of trouble and abides by his conditions, his case will be dismissed.