A man charged in Bristol County in the New Bedford District Court for:
- Assault and Battery in violation of M.G.L. c. 265, § 13A(a)
Police were dispatched to a private residence for a physical altercation between a father and son during a holiday party. Upon arrival, police encountered multiple parties inside the residence who witnessed the altercation. When police spoke to the son, he informed them that he and his father had gotten into a verbal argument that turned physical when his father started striking him multiple times with a closed fist. Based on these allegations, the father was arrested and charged with Assault and Battery. During the booking process at the New Bedford Police Station, the father admitted to punching his son. He retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, to defend him in this matter.
During his own investigation, Attorney Calcagni interviewed the son and secured a statement by the son indicating he did not want to press charges and advocated for the dismissal of the case against his father. During pretrial negotiations, Attorney Calcagni and his team successfully persuaded the Commonwealth to place the man on pretrial probation for a period of six (6) months with the sole condition that he does not abuse his son. Once before the Court, the judge adopted the parties’ agreement. Under Massachusetts law, pretrial probation does not require an admission of guilty or any facts. It also does not result in any criminal conviction or negative entry on a CORI. Once the pretrial probation period is complete the matter will be dismissed and eligible to be sealed.