Man charged in the Bristol County; Fall River District Court for:
- Assault & Battery on a Family/Household Member (misdemeanor) – M.G.L. c. 265, § 13M (a)
- Assault & Battery with a Dangerous Weapon (felony) – M.G.L. c. 265, § 15A (b)
A wife informed her husband that she was filing for divorce. One night, she was out to dinner with their son and her two daughters, and the husband showed up unannounced. She became scared that he was tracking them because no one shared with him the details of their dinner plans. She drove to the police station, informed them of what had just transpired, and made several statements against her husband, to include, that he recently hit their son with a plastic water gun, had a license to carry and two firearms, that he threatened to kill himself if she ever filed for divorce, and recently killed a coyote. She further informed police that his behavior was becoming increasingly violent, and that he recently sprayed her with a water hose, pulled on a strap to a backpack she had been wearing, causing her to stumble backwards, and threw a toy at her. Police arrested the husband and transported him to court for an arraignment where the prosecution moved to hold him without bail on grounds of dangerousness. He was released on a GPS monitor and then hired Massachusetts Criminal Defense Attorney, John L. Calcagni III, to represent him in his case.
Case Result: Six Months Pretrial Probation.
Attorney Calcagni and his team filed and argued a motion to dismiss the felony charge, and to remove the GPS monitor, which were both allowed. On the day of trial, Attorney Calcagni and his team successfully secured a disposition that resulted in the man’s placement on pretrial probation for six months. This disposition did not result in any admission of guilt or criminal responsibility. In six months, assuming the man is not charged with a new offense, his case will be dismissed and immediately eligible to be sealed from public record.