Police Assault and Resisting Arrest Charges in Foxborough MA
Criminal Charges:
A woman charged in Wrentham District Court for:
- Assault and Battery on a Police Officer, in violation of M.G.L. c. 265, § 13D
- Disorderly Conduct, in violation of M.G.L. c. 272, § 53
- Resisting Arrest, in violation of M.G.L. c. 268, § 32B
Case Overview:
A police officer assigned to a detail outside of Gillette Stadium was alerted of a loud argument nearby. The officer located a woman yelling at her boyfriend. She refused to calm down, continued yelling at her boyfriend, and then started yelling at the officer. She admitted to drinking too much. The officer detected that she had slurring speech, bloodshot and glassy eyes, and an odor of alcohol emanating from her breath. The officer repeatedly asked her to get in the car with her boyfriend and leave the area, which she refused to do. The officer also gave her the opportunity to call a friend to pick her up, and even assisted with flagging down multiple taxis in the area. The woman momentarily calmed down, agreed to call a friend, but when her boyfriend was about to leave, she became irate again, pushed the officer, and screamed profanities. The officer gave her one more opportunity to leave. She refused and began to repeatedly push him while yelling profanities. The officer placed her under arrest. While placing the woman in the back of the police cruiser, she continued to scream, began to kick her legs, and attempted to prevent the officer from placing her inside. As a result of this collective behavior, the officer charged the woman in Wrentham District Court with Assault and Battery on a Police Officer, Disorderly Conduct, and Resisting Arrest. She retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend her in this case.
Case Result: One (1) Year of Pretrial Probation.
The woman, who was a Lawful Permanent Resident and not a United States Citizen, could not make any admissions of guilt or criminal responsibility without suffering adverse collateral immigration consequences. Following ongoing negotiations with the Commonwealth, and its consideration of a mitigation packet submitted on the woman’s behalf, Attorney Calcagni and his team successfully secured the prosecution’s agreement to place the woman on pretrial probation, an immigration friendly disposition which is essentially a prolonged dismissal that requires no admission of guilt, for one (1) year. Conditions of the probation term require that she stay away from Gillette Stadium, complete 40 hours of community service, and write a letter of apology to the officer. Providing she fulfills these conditions and is not charged with another crime during this period, her case will be dismissed after one year and become eligible to be sealed from public record.