False Allegations of Domestic Assault and Battery MGL c 265 § 13M(a) result in Dismissal at Trial
- Steven Topazio wrote this July 17, 2018 at 10:17 pm
The client was arrested under false pretenses accusing him of the crime of domestic assault and battery. The client and his fiancée had attended a Red Sox game and concluded the night with a drink at a local bar. After the bar the couple ventured back to their hotel where they argued about the client’s need for medical care. When the argument escalated, a noise complaint was called to the front desk. Two security staff members entered the room and talked to the couple. Both parties denied any fight and said they were both fine.
After talking to the parties, one of security staff members independently decided to call 911 because he saw a broken phone and blood on the bed. Police responded to the hotel. Although the client’s fiancée talked with the officer, she denied that she was struck and stated she was only in an argument. She also stated that the source of the blood was from her fiancé due to his medical condition.
Despite the complainant’s insistence that she was not hit by her fiancé her fiancé was still arrested. The charge of domestic assault and battery carries a potential penalty of not more than 2 ½ years or a fine not more than $5,000 or both such a fine and imprisonment. For any violation of this statute, or as a condition of a continuance without a finding, the court shall order the defendant to complete a certified batters intervention program unless, upon good cause shown, the court issues specific written findings describing the reasons that batterer’s intervention should not be ordered. Today at the client’s trial the Commonwealth argued that the officer’s observation of blood in the hotel room indicated that an assault and battery had been committed. Attorney Topazio pointed out that a DNA test was never performed on the blood to determine who it came from and further produced medical records regarding his client that indicated that he was the source of the blood and not his fiancé, which helped to persuade the court to dismiss the case against his client.