Criminal Charges:
Man charged in the Worcester District Court for:
- Assault and Battery on a Family / Household Member, in violation of M.G.L. c. 265, § 13M(a)
- Assault with a Dangerous Weapon, in violation of M.G.L. c. 265, § 15B(b)
- Assault and Battery, in violation of M.G.L. c. 265, § 13A(a)
City, State, County and Court:
Worcester, Massachusetts, Worcester County Worcester District Court
Case Overview:
Police responded to a third-floor apartment following the report by a woman that her boyfriend, who was not a United States Citizen, physically assaulted her and her toddler son. Upon arrival, police spoke to the boyfriend who was outside the apartment. He denied any wrongdoing, but admitted the two had a verbal argument. Police then entered the apartment to speak with the woman who was present with her son. The woman and child were hysterically crying, and an ambulance was requested due to the son having a visible, physical injury. The woman informed the police that she and her boyfriend had been living together for three months. When an argument ensued between them, the man asked her and her son to leave the apartment. When she refused, the man struck her in the face with a closed first and began to push her towards a window in their bedroom. When the minor child attempted to get between them, the man struck the child in the face. The boyfriend then went into the kitchen, grabbed a knife, and threatened to stab the woman if she did not leave. Police located a knife on the bedroom floor. In response police placed then man under arrest and charged with Assault and Battery on a Family / Household Member (striking the woman), Assault with a Dangerous Weapon (the knife), and Assault and Battery (striking the child). He retained Massachsuetts Criminal Defense Lawyer, John L. Calcagni III and his team, to defend him in his case.
Case Result: Not Guilty After Trial
Because of adverse immigration consequences that could result from any admission or finding of guilty, the man elected his right to a jury trial. He was represented at trial solely by Attorney John Pensa. Following the litigation of several pretrial motions, opening statements, direct and cross examination of witnesses. and closing arguments, the jury returned not guilty verdicts on all charges.
