Criminal Charges:
Man charged in the Bristol County Attleboro District Court for:
- Strangulation or Suffocation, in violation of M.G.L. c. 265, § 15D(b)
- Assault and Battery on a Family / Household Member, in violation of M.G.L. c. 265, § 13M(a)
- Assault and Battery, in violation of M.G.L. c. 265, § 13A(a)
Case Overview:
Police were dispatched to a private residence for the report of a domestic assault and battery in progress. Upon arrival, a man was standing outside of the house, intoxicated, and immediately turned around and put his hands behind his head before police even exited their cruisers. Police placed the man in custody and spoke to his girlfriend inside who was hysterical. She informed police that while they were in the bedroom, her boyfriend punched her in the eye, pushed her on the bed, and grabbed her by the throat. During the altercation, their infant child fell off the bed. When her teenage son entered the room in investigate and come to the aid of his mother and infant sibling, the man punched him in the face. Police observed the girlfriend’s eye to be swollen and bruised, a red mark on her throat from allegedly being choked, and injuries to her son’s lower and upper lips from being punched. The infant did not sustain any injuries. All injuries were photographed and submitted as evidence, and both the girlfriend and her son were transported to the hospital for their injuries. They also provided statements to police. As a result, the man was arrested and charged with Strangulation or Suffocation (felony), Assault and Battery on a Family / Household Member (misdemeanor) and Assault and Battery (misdemeanor). He retained Massachusetts Criminal Defense Attorney, John L. Calcagni III to represent him in his case.
Case Result: 6 Months Pretrial Probation.
After analyzing all the evidence and negotiating with the prosecution, the Commonwealth agreed to dismiss the felony charge, and on the remaining misdemeanor charges, placed the man on pretrial probation for six months. This disposition does not result in a criminal conviction or call for an admission of guilt. Providing the man is not charged with a new offense during the pretrial probationary period, the matter will be dismissed in six months and eligible for removal from his criminal history.