Fall River Assault with Weapon on Child
Criminal Charges:
Woman charged in the Fall River District Court for:
- Assault and Battery with a Dangerous Weapon on a Child Under 14 – M.G.L. c. 265, § 15A(c)(iv)
- Assault and Battery – M.G.L. c. 265, § 13A(a)
City, State, County and Court:
Fall River, Massachusetts, Bristol County
Fall River District Court
Case Overview:
A School Resource Officer at an elementary school in Fall River, Massachusetts was contacted regarding the potential physical abuse of a student. A female second grade student reached over her desk, which caused her shirt to rise, exposing her lower back with several bruises on it. When her teacher asked her how she sustained the bruises, she told her teacher that she ate too much Nutella and her mother hit her on her back multiple times with a belt causing the bruises. When the student attempted to roll away from the mother during the beating, the mother told her not to do that or she would hit her harder. The student also disclosed that this was not the first time she had been physically disciplined with objects by her mother, and had previously been struck with sandals, plastic coat hangers, and most recently, a belt. The mother was arrested and charged in Fall River District Court with Assault and Battery with a Dangerous Weapon on a Child Under 14 and Assault and Battery. She retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend her.
Case Result: One Year Pretrial Probation.
Following ongoing discussions with the Commonwealth, and its consideration of a mitigation evidence submitted by Attorney Calcagni and his team, the Commonwealth agreed to place the woman on pretrial probation for one year with the conditions that she does not abuse her daughter and complete a 20-hour online anger management course. This result did not involve a criminal conviction or an admission of guilt or criminal responsibility. Providing the woman complies with the imposed conditions and is not charged with a new crime during the pretrial probation period, the case will be dismissed.