Fall River Assault and Battery and Resisting Arrest
Criminal Charges:
Man charged in the Bristol County; Fall River District Court for:
- Assault and Battery on a Police Officer – M.G.L. c. 265, § 13D
- Resisting Arrest – M.G.L. c. 268, § 32B
- Assault to Maim – M.G.L. c. 265, § 15
- Amended to: Assault and Battery – M.G.L. c. 265, § 13A(a)
Case Overview:
Police were dispatched to a residence for the report of a man who was intoxicated and out of control. The man had broken numerous items in his house and barricaded himself in the basement because he believed his wife was armed with a knife. Upon arrival, his wife let police into their home, and informed them that the man had been drinking vodka and tequila for the past several hours. Police discovered the damage the man had caused and headed downstairs to the basement to confront the man. Once outside the basement door, police could hear the man stacking objects against the door. When police announced their presence, the man began screaming at police to leave and the basement door busted open from the weight of the objects leaning against it. One of the officers then entered the basement to deescalate the situation. As the officer went to reach for the man’s forearm, the man struck the officer with several punches in his face. Two other officers then entered the basement to assist and tried to detain the man. During the struggle, the man got a hold of the face and head of one of the officers and attempted to gouge out one of his eyeballs. The man continued to fight with the officers until one of them deployed their Taser. The man fell to his knees and police were finally able to handcuff and detain him. The man was charged with two counts of assault and battery on a police officer, resisting arrest and assault to maim. The man retained the MA Assault and Battery Law Office of John L. Calcagni III, Inc. to represent him in his case.
Case Result: Continuation Without a Finding (CWOF) for 6 months.
Following ongoing negotiations with the Commonwealth and the submission of a lengthy mitigation packet on the man’s behalf, Calcagni and his team successfully secured the Commonwealth’s and Court’s agreement to continue the man’s case without a finding for a period of 6 months.