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Alleged domestic assault and battery

Practice Area: Criminal defense

Outcome: Case dismissed

Description: My client's spouse had invaded my client's privacy and found what the spouse considered to be evidence of my client's marital infidelity. An argument ensued, and the spouse called the police, later telling the police that my client had committed an assault and battery. After investigation and discovery, it became apparent not only that the spouse had acted inconsistently with the spouse's claims on the day of the alleged assault and battery, but had made statements to treatment professionals inconsistent with the charges. Unfortunately, despite the very shaky case, the assistant district attorney refused to dismiss the case or to consider anything but a guilty plea by my client. I sought access to the confidential records of the spouse, resulting in the admissibility at trial of the records containing the vital statements showing that my client was falsely accused. I also subpoenaed the witnesses to the spouse's statements, to testify at trial. I also provided the district attorney's office with evidence that in fact the alleged victim had injured my client, instead of the other way around. The case was eventually dismissed by the Commonwealth on the originally scheduled date of trial.

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