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Charges of Assault and Battery Against Physician do Not Issue After Clerk Magistrate Hearing
Our client is a physician. A few months ago, after work he went to a local restaurant and sat at the bar waiting to meet up with his wife. While at the bar a belligerent patron sat next to him. For no apparent reason the patron started to verbally attack your client. He then struck him in the head with a plate causing some serious injuries. The police arrived and arrested the patron charging him with assault and battery by means of a dangerous weapon, a felony under G.L. c. 265 §15A. Represented by savvy counsel the man filed an application for a cross complaint against our client, the physician, alleging assault and battery in violation of G.L. c. 265 §13A. A clerk magistrate hearing was scheduled. Attorney Neyman was hired and today succeeded in getting the clerk magistrate to deny the complaint. The clerk magistrate did not find that the element of assault and battery were satisfied.
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