Assault and Battery


Below is a survey of recent cases successfully defended.

ASSAULT AND BATTERY ON A HOUSEHOLD MEMBER: DISMISSED

Commonwealth v. John Doe, 1613CR002222

Client was charged in Lynn District Court with Assaulting and Battering his long time girlfriend. He was arrested, charged and held without Bail. Attorney Scully was successfully able to get the case dismissed and the client out of jail within two weeks of being retained. In this case, Client’s girlfriend changed her story and also retained her own lawyer in order to assert her 5th Amendment Right not to testify. The Commonwealth was forced to dismiss the case based on a lack of evidence.

ASSAULT AND BATTERY WITH A DANGEROUS WEAPON: DISMISSED

Commonwealth v. John Doe, 1401CR6391

Client was charged with hitting the alleged victim with a beer bottle on the head at a bar. The alleged victim was transported to the hospital with injuries. Counsel succeeded in obtaining a dismissal prior to trial.

ASSAULT AND BATTERY: DISMISSED

Commonwealth v. Jane Doe, Clerks Hearing

Client was charged with attacking another woman at a summer cottage. The alleged victim was taken to the hospital with alleged injuries to her spine. Counsel succeeded in dismissal of the charges prior to arraignment.

ASSAULT WITH A DANGEROUS WEAPON:DISMISSED
CARRYING A DANGEROUS WEAPON: DISMISSED

Commonwealth v. John Doe, 1415CR1661

Client was accused of violently threatening his wife and child with a knife. At a bench trial, counsel prevailed in securing client’s acquittal.

ASSAULT AND BATTERY: DISMISSED

Commonwealth v. John Doe, 1462CR432

Client was charged with assault and battery against his roommate and roommate’s wife. Counsel prevented the judge from extending a restraining order, and successfully argued for dismissal of the charges.

ASSAULT AND BATTERY, HATE CRIME: NOT GUILTY

Commonwealth v. John Doe, 1201CR2648

Client was charged with a hate crime. At trial, the cross-examine of officers and the alleged victim successfully showed that any actions on the part of client were not motivated by statutorily prohibited motivations, such as race, gender, or religion. Client was acquitted of the hate crime.

DISMISSED

RESISTING ARREST:
ASSAULT AND BATTERY ON A POLICE OFFICER:
DISMISSED

Commonwealth v. John Doe, 1303CR0054

Client was charged with resisting arrest and assault and battery on a police officer. After investigating the scene, counsel was able to find a local convenience store with cameras that had captured the incident. Upon viewing the footage, it was clear client had not committed theses offenses. After presenting the exculpatory footage to the Commonwealth, client’s case was dismissed.

ASSAULT AND BATTERY ON A POLICE OFFICER: NOT GUILTY

Commonwealth v. Jane Doe, 00-CR-7781

Client allegedly had a few too many drinks and got into an altercation with police officers after the bar closed. The jury acquitted her based on her testimony that contradicted the police version of events and inconsistencies in police testimony.

ASSAULT WITH A DANGEROUS WEAPON (GUN): NOT GUILTY

Commonwealth v. John Doe, MICR2004-1904

Client was charged with driving by a rival’s home and firing shots at the house in order to settle a score. The jury found the defendant not guilty even though he allegedly confessed to a family member.

ASSAULT AND BATTERY (DOMESTIC VIOLENCE): NOT GUILTY

Commonwealth v. John Doe, 11-CR-2783

Client was charged in a domestic assault and battery by his live-in girlfriend. She showed bruises to the police and said that client caused them. However, a thorough background investigation revealed numerous holes in her story, including the origin of those bruises, which were connected to a workplace injury, not caused by the defendant. The jury found the defendant not guilty after 10 minutes of deliberations.

ASSAULT WITH A DANGEROUS WEAPON (GUN): NOT GUILTY

Commonwealth v. John Doe, 01-CR-2105

Client was found not guilty of pointing a loaded gun at someone during a traffic dispute.

ASSAULT WITH A DANGEROUS WEAPON (PIPE): NOT GUILTY

Commonwealth v. John Doe, 00-CR-8181

Client was found not guilty of attacking someone with a led pipe in retaliation for a work-place dispute.

ASSAULT AND BATTERY ON A POLICE OFFICER: NOT GUILTY

Commonwealth v. Smith, 01-CR-4655

Client was a hip-hop DJ at a local club. There was a big fight after closing and police joined the ruckus, charging client with assaulting them. Client was sprayed with mace and bitten by a police dog as he was dragged into the arrest vehicle. The jury acquitted him of all charges stemming from this incident.

ASSAULT AND BATTERY: NOT GUILTY

Commonwealth v. John Doe, 99-CR-1533

Client used physical force to discipline his son in a public place. An over-zealous bystander observed this and called police who charged the defendant with assault and battery. The jury found that the defendant had the right to use reasonable force to discipline his child and that he had not used excessive force in this case.

ASSAULT WITH A DANGEROUS WEAPON: DISMISSED

Commonwealth v. John Doe, 0758CR002515

Client was charged with attacking a man with a knife over a drug deal gone badly. The defense investigation uncovered numerous past incidents of violence, drug dealing and other sordid behavior by the alleged victim. The case was eventually dropped.

ASSAULT AND BATTERY (DOMESTIC VIOLENCE): NOT GUILTY

Commonwealth v. John Doe, 10CR7857

Client was acquitted of allegations that he assaulted and battered his girlfriend, who made conflicting stories about how she sustained her injuries. Initially she blamed the defendant, however she changed her story before the case came to trial, absolving him of any wrongdoing.

While most assault and battery charges are misdemeanor offenses that does not mean that the Commonwealth does not aggressively prosecute these cases. Assault charges generally fall into the following categories:

  • Assault and battery on a police officer
  • Assault with a Dangerous Weapon – gun, knife, car, any other item that can cause physical harm
  • Domestic assault and battery
  • Assault and battery

Are you facing any kind of assault and battery charges in the Boston, MA area? If you are, you will need the assistance of a well-qualified, criminal defense attorney, such as Attorney Liam D. Scully. The victim of the alleged crime could be a friend, family member, spouse, girlfriend/boyfriend, significant other, or a total stranger. The victim will seek compensation for injuries, medical expenses, lost wages and future earnings, and emotional distress. Because of this, you could find yourself facing both criminal charges and a civil lawsuit for damages.

Your attorney will need to get started on your defense as soon as possible in order to be able to provide the best possible defense for you. You also need an attorney who can handle any civil lawsuit filed against you. Attorney Scully is equally qualified to represent you in both the criminal and civil courts. He is a member of the National Association of Criminal Defense Attorneys and the Massachusetts Bar Association. His 15 years of criminal defense experience allow him to provide his clients with the best possible defense. His vast knowledge the criminal and motor vehicle laws in Massachusetts allows him to isolate the evidence necessary to obtain the best possible result for his clients.

Scroll to Top