Fall River Woman Avoids Conviction in Domestic Assault Case
Criminal Charges:
Woman charged in the Fall River District Court for:
- Assault and Battery – M.G.L. c. 265, § 13A(a)
- Intimidation of a Witness – M.G.L. c. 268, § 13B
City, State, County and Court:
Fall River, Massachusetts, Bristol County
Fall River District Court
Case Overview:
Police were dispatched to a multifamily apartment building for the report of a domestic disturbance. Upon arrival, police spoke to a woman, who informed them that she and her sister had gotten into a verbal argument that turned physical. While arguing, the woman’s sister got in her face, placing her in fear that she was about to be physically assaulted. The woman grabbed her phone and called 9-1-1. Before reaching the 9-1-1 dispatcher, her sister ran over to her, knocked the phone out of her hand, and began pushing her. The sister was deemed to be the dominant aggressor, placed under arrest, and charged with Assault and Battery in violation of M.G.L. c. 265, § 13A(a) and Intimidation of a Witness in violation of M.G.L. c. 268, § 13B for preventing the woman from calling 9-1-1. She retained Massachusetts Criminal Defense Lawyer, John L. Calcagni, to defend her in this case.
Case Result: Six Months Pretrial Probation.
After reviewing all the evidence, and following pretrial negotiations with the Commonwealth, Attorney Calcagni and his team successfully secured the Commonwealth’s agreement to place the sister on pretrial probation. This is considered a delayed dismissal of the case that requires no admission of guilt or criminal responsibility, and does not result in a criminal conviction. Providing the woman has no further arrests, her case will be dismissed in six months.