Worcester Assault and Battery Complaint Denied
Criminal Charges:
Man charged in the Worcester District Court for:
- Assault and Battery, in violation of M.G.L. c. 265, § 13A
City, State, County and Court:
Worcester, Massachusetts, Worcester County
Worcester District Court
Case Overview:
A man and his girlfriend attended a concert and after arrival, the man learned that his former partner was present with the partner’s new boyfriend. At some point during the concert, the parties were all at the same bar and an altercation ensued between the man and the new boyfriend. The man’s girlfriend stepped in between the parties to break them up. Later in the parking lot, when the parties ran into each other again, another altercation ensued, and the man’s former partner called police. No one was arrested or injured, and everybody left the concert without further issue. However, the Worcester Police then filed an application for criminal complaint against the man alleging he committed an Assault and Battery against the new boyfriend. The man, who was adamant that the altercations were only verbal and never became physical, received a summons to appear for a Clerk-Magistrate’s Hearing in Worcester District Court. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him at this hearing.
Case Result: Criminal Complaint To Be Denied.
Following the Clerk-Magistrate’s preliminary remarks, the recitation of the facts by the police prosecutor, direct examination of the man, and oral argument on the man’s behalf, the Clerk-Magistrate opted to not issue the complaint. Alternatively, he agreed to hold the application open for one year with the conditions the man remain out of trouble and have no contact with the new boyfriend. At the conclusion of one year, the application for criminal complaint will be dismissed.