July 07, 2010  - Attorney Steven J. Topazio
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July 07, 2010

The defendant, who was at the Massachusetts General Hospital with his girlfriend and infant child, was arrested by police when nurses heard the victim yell she was being hit and observed the defendant pulling the victim by the hair as she was on the floor. When interviewed by police, the victim alleged that the defendant punched her in the face with a closed fist and then grabbed her by the neck and dragged her across the room by her hair as she was screaming for help. Attorney Topazio, who represented the defendant, pushed the case to trial arguing that his client was the real victim. Attorney Topazio obtained photos of his client’s leg where he was bitted by the alleged victim and challenged the victim’s motivation and credibility. Attorney Topazio met with the Assistant District Attorney and explained that his client, who had a child with the alleged victim, was attempting to leave the hospital when he was grabbed by the victim in an attempt to stop him from leaving. When the defendant refused and turned to walk out, she slid down to the ground and out of frustration, bit the defendant in the leg. After being bitten, Attorney Topazio pointed out that the defendant grabbed the alleged victim by the hair to get her off him, which is what the nurse observed, but misinterpreted. Today at trial, due to a development of the facts of the case by Attorney Topazio, the count for Assault and Battery against the defendant was dismissed and the charge for possession of class D, marijuana, was continued without a finding for six months, despite his client’s lengthy criminal record.