Criminal Charges:
Woman charged in the Plymouth County; Wareham District Court for:
- Assault and Battery on a Family / Household Member – M.G.L. c. 265, § 13M (a)
Case Overview:
Police pulled over two vehicles in a parking lot following the report of a domestic disturbance at an apartment between a husband and wife. Following the altercation, both parties left the apartment where the incident had occurred and were stopped by police at this location. When police spoke to the wife, she informed them that her and her husband were currently separated and not living together and when she returned to the apartment, they formerly lived at together to get some of her clothes, she found her husband in bed with another woman and a physical altercation ensued between the two of them. When police spoke to the husband, he informed police that he woke up this morning to his wife attacking him and the other woman in bed. The husband showed police his glasses that had been broken and a cut he sustained on his finger. When police spoke to the woman, she corroborated the husband’s version of the events and confirmed that the wife attacked them while they were sleeping. The Wareham Police Department filed an application for criminal complaint against the woman alleging Assault and Battery on a Family / Household Member. The wife received a summons to appear for a Clerk-Magistrate’s Hearing in Wareham District Court and retained the Massachusetts Law Office of John L. Calcagni, III to represent her at her hearing.
Case Result: Application for Criminal Complaint Withdrawn.
Before the hearing even started, Calcagni’s team conferenced the matter with the Wareham Police Prosecutor and successfully persuaded him to withdraw the application for criminal complaint without a formal hearing.