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Charges of Domestic Assault and Battery and Intimidation of a Witness Against Non-Citizen Mechanical Engineer Dismissed
Our client is a non-citizen who, back in July was charged with domestic assault and battery, G.L. c. 265 section 13M for slapping his wife and throwing her to the ground. The police respond to the wife’s 911 call. When they arrived she was visibly shaken but showed no signs of having been physically assaulted. She claimed that during an argument our client became violent. She ran out of the house seeking help after he took her cell phone from her to prevent her from calling the police. This is a felony in violation of G.L c. 268 section 13B. While outside screaming, a neighbor permitted her to use his phone. Our client was arrested and hired Attorney Stephen Neyman to represent him. We argued that the victim’s 911 call was inadmissible. The judge agreed and excluded the recording. The wife then embraced her marital privilege and we succeeded in getting all charges dismissed.
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