Domestic Assault and Battery MGL c 265 § 13M(a); Witness Intimidation MGL c 268 § 13B; and Malicious Destruction of Property MGL c 266 § 127 charges dropped when the Commonwealth was unable to establish its case at trial.
- Steven Topazio wrote this July 10, 2018 at 4:47 pm
The client was arrested after he left a family party at the Polish Political Club. The client’s girlfriend called the police and stated that while at the family party, she received a text message from a male friend that the client saw and got upset over. She reported that the client grabbed her and pushed her. When she went outside to call the police the client followed her and came up from behind her and took the phone away and refused to let her call 911. The client then smashed the phone on the ground causing it to break. The complainant then went to a friend’s house where she called police. The Commonwealth of Massachusetts defines domestic violence as almost any criminal act of abuse committed by one “family or household member” against another. Domestic Assault and Battery which the client was charged with has increased penalties. A person who commits an assault or assault and battery on a family or household member can be sentenced to up to 2 1/2 years in the house of correction and/or receive a fine of up to $5,000 for a first offense; and up to 5 years in state prison or up to 2 1/2 years in the house of correction for a subsequent offense as well as being ordered to complete a certified batterer’s intervention program. Attorney Topazio employed the services of a private investigator to interview witnesses and filed motions to limit the Commonwealth’s use of evidence then moved the case to trial. Today at trial, Attorney Topazio was instrumental in getting the Court to dismiss all charges against his client.