Assault and Battery Complaint Denied at Fall River Clerk-Magistrate’s Hearing
Criminal Charges:
Man faced an application for criminal complaint in the Fall River District Court for:
- Assault and Battery, in violation of M.G.L. c. 265, § 13A
City, State, County and Court:
Swansea, Massachusetts, Bristol County
Fall River District Court
Case Overview:
A man and his girlfriend went out for dinner and drinks. At approximately 1 AM, they were intoxicated and called for an Uber ride home. During the ride, the Uber driver stated the man kept touching her shoulder. She began to feel very uncomfortable, pulled over, and cut the ride short. The Uber driver claimed the man struck her in the face knocking off her hat and glasses. The driver called 9-1-1, and everyone remained on scene awaiting police to arrive. Upon arrival, the Uber driver told her version of the events and the man denied that anything had occurred. However, his girlfriend informed police that the Uber driver assaulted her boyfriend. Fall River Police filed an application for criminal complaint against the man in Fall River District Court alleging Assault and Battery. Once the man received a summons to appear for a Clerk-Magistrate’s Hearing, he retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him at his hearing.
Case Result: Application for Criminal Complaint Denied.
Following cross-examination of the Uber driver, direct-examination of the man and his girlfriend, and the presentation of numerous exhibits for the Clerk-Magistrate to consider, including the man’s ripped shirt from that night, the Clerk-Magistrate denied the application for criminal complaint.