Case Results » Assault and Battery by Means of a Dangerous Weapon

Our client is a college student. In October of last year he took some psychedelic mushrooms with one of his roommates. The drugs made him violent and the roommate called the police. Shortly thereafter, neighbors called the police as well when they saw the man climbing a building and entering two apartments through the windows. When the police arrived they made contact with the suspect who in turn became violent towards the police officers. He began kicking and spitting on them. Detecting drug intoxication, the police took our client to the hospital where it was confirmed that he was having a bad reaction to the drugs. He was summonsed to court and charged with two counts of assault and battery on a police officer under G.L. c. 265 section 13D and two counts of breaking and entering with the intent to commit a felony, a felony pursuant to G.L. c. 266 section 16. Attorney Neyman moved to continue the arraignment on two occasions. During that time, the defendant went to drug counseling, paid restitution to the victims and prepared letters of apology to the police officers. We told our client to take the remedial measures in hopes that pre-arraignment diversion under G.L. c. 276A would be agreed to by the district attorney's office. Today, all charges were diverted prior to arraignment. 

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Just a couple of weeks ago police investigated a report of a man beating his girlfriend and two other people with a tire iron. It was also reported that this man had taken the tire iron to a car owned by one of the victims and smashed the windshields and windows. It was further alleged that our client slashed the car tires. He was arrested and charged with domestic assault and battery under G.L. c. 265 section 13M, assault and battery be means of a dangerous weapon, G.L. c. 265 section 15A and malicious destruction to a motor vehicle G.L. c. 266 section 28A. Attorney Neyman was hired. Recognizing that this case was going to be difficult for the district attorney's office to prove, a quick trial date was scheduled. Today, just a couple of weeks after the arrest all charges were dismissed. 

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Our client is a professional gambler who makes a significant amount of money playing in poker tournaments around the world. In December of 2018 he attended the funeral of a good friend's grandfather. One of the attendees was drunk and making crude remarks to some of the women. People took exception to his behavior and a fight broke out. During the fight our client was observed punching and kicking a man in the face. The police arrived and identified our client as the perpetrator. He was arrested and charged with assault and battery by means of a dangerous weapon, G.L. c. 265 section 15A, specifically a shod foot and assault and battery under G.L. c. 265 section 13A. COVID delayed the case for over two years. Today, all charges were dismissed. 

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Nearly a year and a half ago our client was at a public venue somewhat impaired after a day of drinking. There was a man who indirectly hurled insults at our client. Enraged, our client threw a beer bottle at the man that hit him in the head. Our client was charged with one count of assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. He hired Attorney Stephen Neyman to represent him. Negotiations for a just resolution the better part of the year failed and we pushed the case to trial. Today, the case was dismissed outright. 

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Our client is a registered nurse. In September of 2020 she went to visit her husband at his auto garage. When she arrived she confronted a patron who was not wearing a mask. The patron became rude and aggressive towards our client. The two argued. The "victim" told our client that she had been having an affair with her husband. This angered our client yet she refused to react physically. In an attempt to further antagonize our client the victim started to hit her. The police were called. The victim claimed that our client hit her with a tire iron. Our client's husband confirmed this and felony charges of assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A issued. Today, Attorney Neyman tried the case. The verdict was not guilty. 

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In June of 2021 police from a suburban Boston town were dispatched to a parking lot for a report of a domestic assault. The caller reported witnessing a man hitting his teenage daughter. Another witness claimed to have seen the man hitting and kicking his daughter in the back. The daughter was located and did not make any statements. The man was charged with assault and battery under G.L. c. 265 section 13A and assault and battery by means of a dangerous weapon, to wit a shod foot, in violation of G.L. c. 265 section 15A. Attorney Neyman was immediately hired. A continuance without a finding or any form of admission would have resulted in a revocation of the defendant's banking licenses thereby rendering him unemployable. Today we were able to get the felony charge dismissed and pretrial probation under G.L. c. 276 section 87 for the misdemeanor charge. The case will be fully dismissed shortly. 

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On May 18, 2020 police in a rural Massachusetts town responded to a brutal beating at an individual's home. The responding officer made contact with the homeowner who was savagely beaten while sleeping at his home. He was able to identify one of the assailants but not the others. His description led the police to our client. The defendant was arrested and charged with assault and battery with serious bodily injury under G.L. c. 265 section 13A(b) and assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. Attorney Neyman was retained to represent the defendant. We filed a motion to dismiss on the grounds that there lacked sufficient evidence to sustain the charges in the complaint. The judge agreed with us. All charges were dismissed. 

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Our client has a history of mental health issues dating back several years. Last summer a warrant was issued for his immediate arrest after he removed his court ordered GPS device. Police in a city near Boston located him at his apartment, sitting in his vehicle in his driveway. Our client refused to get out of his car. Meanwhile, the police surrounded his car with their vehicles. Five officers total were at the scene. The officers claimed that our client then proceeded to put his car in reverse and attempt to hit them. He was charged with five counts of assault with a dangerous weapon under G.L. c. 265 section 15B. Unbeknownst to the officers, our client had had a video recording device set up that captured the entire incident. Attorney Neyman used that video in court to convince the judge and the prosecutor to dismiss the case. 

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Our client is a soldier who has been deployed and seen combat on several occasions in the past few years. In October of last year he was staying in a hotel with his wife in Boston. The two got into an argument. Our client threw his cell phone at his wife. It struck her in the face causing lacerations requiring a visit to the hospital and stitches. The police got involved and questioned our client. He confessed to doing this and was charged with assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A. He hired Attorney Stephen Neyman to represent him. We fought relentlessly for a pre-arraignment disposition. Today, all charges were dismissed prior to arraignment. The man will have no criminal record.

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In October of 2020 Boston Police were dispatched to a Dunkin Donuts parking lot for a report of a fight. They arrived to find the victim, a tow truck driver, bleeding profusely from the face. The victim had been called by the manager of the Dunkin Donuts to tow a car that had been parked for an extensive period of time. Its operator had never entered the establishment. As the car was being towed away the defendant yelled at the driver to stop. The driver continued and the defendant threw his cell phone at the truck, causing some damage. The driver then exited the truck to confront the defendant. The defendant retrieved his phone and threw it at the victim. The phone struck him under the eye causing severe bleeding and necessitating stitches. The police charged the defendant with assault and battery by means of a dangerous weapon. This is a felony in Massachusetts under G.L. c. 265 Section 15A. Attorney Neyman was hired to defend the man. He was able to get pre-arraignment diversion pursuant to G.L. c. 276A. 

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Our client is a veteran of the United States Army. He was recently charged with assault and battery by means of a dangerous weapon in violation of G.L. c. 265 section 15A, a felony in Massachusetts. It was alleged that on October 17, 2020, during a fight with his wife our client threw a cell phone at his wife, hitting her in the face and requiring a hospital visit and stitched. Our client's military service made him eligible for pre-arraignment diversion under G.L. c. 276A section 10. The probation interview deemed our client a good candidate for the program. He will not be arraigned on the case. The felony charges were dropped to misdemeanor assault and battery under G.L. c. 265 section 13A for which our client will not have a criminal record. 

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In August of 2020 our client suffered a mental break after being misdiagnosed for a particular type of mental illness. During the manic episode she drove her car 60 miles to an airport. She was driving erratically, making illegal U turns and driving in the wrong direction on airport roads. The police attempted to stop her. In doing so the woman drove her vehicle into two police cruisers causing extensive damage. She was apprehended and taken to a mental health facility. She was ultimately charged with assault and battery by means of a dangerous weapon under G.L. c. 265 section 15A, negligent operation of a motor vehicle under G.L. c. 90 section 24, failing to stop for a police officer under G.L. c. 90 section 25 and operating a motor vehicle while uninsured under G.L. c. 90 section 34J. Attorney Neyman was hired to represent her. We were able to obtain copies of our client's mental health history with professional proof that her actions were caused exclusively by her mental illness. Based on this we were able to convince the district attorney's office not to have her arraigned, instead to continue with her mental health treatment and counseling as recommended by her doctors. The case was diverted and will not be prosecuted. 

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On February 15, 2020 police in a Boston suburb were dispatched to a grocery store parking lot for a call of a female in distress. The officers met with the caller and her daughter who witnessed the incident. In some fashion both reported that during an argument the defendant, while driving, struck and broke his rearview mirror and used it to hit his wife. The man was charged with assault and battery by means of a dangerous weapon in violation of G.L. c. 265 section 15A. Attorney Stephen Neyman was retained to represent the defendant. Our investigation quickly established that witness reports were inaccurate and that the police version of the incident was inconsistent with the actual event. Witnesses, represented by counsel elected to properly invoke their privileges and the case was dismissed. 

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On September 30, 2019 police from a suburban Boston city received a 911 call from a woman who claimed that a man tried to run her over with his truck. The man's estranged wife was with the caller. She too was identified as a victim in this matter. The police met with both the caller and wife and learned that the defendant and his wife had a history of domestic incidents. This time the woman alleged that our client had been upset with her over a collateral pending court case and that his actions were retaliatory and meant to intimidate her from attending court proceedings. The man was charged with assault and battery with a dangerous weapon in violation of G.L. c. 265 section 15B. Attorney Neyman was hired. After obtaining all necessary discovery we scheduled the case for trial. The 911 recording was deemed inadmissible and we were able to get the case dismissed. 

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The defendant is not from the United States and he is not a citizen. On September 6, 2018 he came to western Massachusetts with a friend who intended to confront someone who had stolen money from him. There was never an intention to commit an act of violence and the defendant his friend arrived unarmed. Upon spotting the defendant and friend, the "victim" retrieved a stun gun and a knife. He attacked the defendant and friend. In an effort to defend himself, the defendant disarmed the victim who in turn lunged at the defendant. A scuffle ensued during which the victim was stabbed several times in the chest nearly causing death. Our client was charged with armed assault with intent to murder, G.L. c. 265 Section 18b, assault and battery by means of a dangerous weapon, G.L. c. 265 Section 15A and assault and battery dangerous weapon causing serious bodily injury, also G.L. c 265 Section 15A. Attorney Neyman was hired. A series of witnesses and the victim were charged with an assortment of crimes all stemming from this incident. Consequently, Attorney Neyman arranged to meet with all attorneys. It was agreed that all defendants had 5th Amendment privileges as a result of their individual actions in this case. As a result, the district attorney's was notified and all cases were joined for status. At today's status conference all defendants exercised their constitutional rights and the cases were dismissed. The defendant, our client, avoided certain deportation 

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In December of 2018 police in a Boston suburb were called to a home for a report of a domestic assault and battery. When they arrived they met with our client and her boyfriend. Our client denied that anything had occurred. The police went to pat down her boyfriend for a weapons check. He resisted and a scuffle ensued during which our client kicked one of the officers and punched another. She was arrested and charged with assault and battery be means of a dangerous weapon G.L. c. 265 Section 15B and assault and battery on a police officer G.L. c. 265 Section 13D. Today, Attorney Neyman was able to get our client pretrial probation under G.L. c. 276 Section 87. 

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On January 31, 2018 Marblehead Police Officers responded to a call for a man threatening his parents with a knife. The reporting party was the defendant's stepfather who told the police that after an argument the defendant threatened him with a knife and strangled him. His wife, the defendant's mother tried to intervene and was tased in the process. Among other things the defendant was charged with assault and battery dangerous weapon, G.L. c. 265 Section 15A and strangulation, G.L. c. 265 Section 15D. Today, Attorney Neyman succeeded in getting these charges continued without a finding, a rare result in the superior court.

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On September 9, 2017 members of the Boston Police Department were dispatched to a residence after an emergency call for a fight. Upon arrival officers were met by the victim who claimed that after a heated dispute our client attacked him with a knife. There were visible injuries consistent with the victim's story. Rather than issue an arrest warrant the police opted to file an application for a criminal complaint charging the defendant with assault and battery by means of a dangerous weapon in violation of G.L. c. 265 Section 15A. Attorney Stephen Neyman was hired to represent the defendant. Today, after a clerk magistrate hearing no complaint issued.

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The defendant is an out of state resident who will be attending graduate school in the fall. In mid-July of this year she was waiting in line at a nightclub with a friend hoping to get into the establishment. Her friend was verbally assaulted by a patron. The woman defended her friend and complained to the bouncer. The bouncer then refused to permit the defendant to enter the club. She then kicked the bouncer with her heals. The police were called and the woman was arrested and charged with assault and battery by means of a dangerous weapon, shod foot in violation of G.L. c. 265 Section 15A. Attorney Neyman was hired to defend the woman. Today, he convinced the judge, over the objection of the prosecutor to continue the case without a finding for three days. On Thursday the case will be dismissed.

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On March 20, 2016 members of the Waltham, Massachusetts police department responded to a call for a fight. They arrived and found the victim stabbed in various locations on his body. A trail of blood led the officers into a nearby home where they located the defendant hiding. The victim identified him as the assailant and complained that he had stabbed him several times. The victim was taken to the hospital by ambulance. Also present was a woman later identified as the defendant's girlfriend. She too complained that the defendant struck her. Marks supporting her complaint were visible on her face and body. The man was arrested and charged with two counts of assault and battery dangerous weapon, G.L. c. 265 Section 15A and domestic assault and battery, G.L. c. 265 Section 13M. Attorney Neyman scheduled the case for trial. Today, all charges were dismissed.

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The defendant is a professor at a prominent local university. On August 25, 2016 Lexington, Massachusetts police were called for an altercation in a parking lot by a Starbuck's restaurant. The victim met with the police and reported that after a road rage incident our client kicked him in the groin with a shod foot. Officers confirmed the report through witnesses and charged the man with assault and battery by means of a dangerous weapon under G.L. c. 265 Section 15A. Today our office got the case resolved with six months pretrial probation pursuant to G.L. c. 276 Section 87. The charges will be dismissed.

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In September of 2011 the defendant was driving around his neighborhood looking for a man who had been destroying personal property in various yards in the area. He encountered the man walking down a street near his. He confronted the man about the destruction. An argument ensued, followed by a physical altercation. Our client removed a knife from his vehicle and stabbed the other man in the stomach. The attack resulted in significant medical injuries, hospitalization, treatment and nearly killed the victim. Our client was charged with assault with intent to murder, assault and battery by means of a dangerous weapon, assault and battery and more. He immediately hired Attorney Neyman who was able to get him released on a modest bail. The case was vigorously litigated for four years. Today, Attorney Neyman was able to get probation for the defendant. No jail or prison sentence was imposed.

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On May 15, 2014 members of the Worcester, Massachusetts Police Department responded to a home for a report of a break in and a domestic assault and battery. They met with the victim who reported that her former boyfriend, the defendant, went to her home, broke in and stole some items. She was home and attempted to stop him. He got into his car. The victim held onto the frame of the car as the defendant drove off. The victim was dragged by the car for several feet before being able to break loose. The police located the defendant and charged him with assault and battery by means of a dangerous weapon, domestic assault and battery, breaking and entering and larceny. Attorney Neyman was hired. Trial was scheduled for today. All charges were dismissed.

On January 2, 2014 Boston Police officers received a call regarding an assault alleged to have occurred outside of a car in downtown Boston. The officers located the vehicle and found a rear window broken. They observed the passenger, a woman, crying and suffering from a lump on her head. Her mouth was bleeding and blood was observed on her clothing. A 911 caller told the officers that she had witnessed the defendant, also the driver of the car, hitting this woman and body slamming her into the back window of the car causing it to break. The victim also told the officers what the driver had done to her. The man, a local taxicab driver was arrested. A search of his car revealed a quantity of cocaine, a class B drug, consistent with an intent to distribute. He was charged with assault and battery by means of a dangerous weapon, possession with intent to distribute cocaine and related charges. Today, Attorney Neyman was able to get these two charges dismissed.

On December 28, 2013 the defendant, a local businessman and his friend were at a restaurant/bar in Malden, Massachusetts. The friend went to the establishment to confront a man who he believed had been seeing his wife. A fight arose and the Malden police were called to the scene. They met with the victim who claimed that the friend and our client punched him in the face several times and kicked him while he was down on the ground. An independent witness corroborated the victim's account of the incident. Our client and his friend were arrested and charged with assault and battery by means of a dangerous weapon. That crime is a felony in Massachusetts. Today, Attorney Neyman was able to get the felony charges dismissed. The defendant was given a continuance without a finding on the lesser included charge of assault and battery. That charge will be dismissed after a short probationary period.

Marlborough District Court: On February 16, 2013 Marlborough, Massachusetts police officers responded to an apartment for a call that someone had broken into a home and assaulted its occupants. The occupants reported to the police that the defendant, a Sudbury, Massachusetts businessman had kicked in a window, entered the property, grabbed and punched the female occupant and chased the male occupant into the parking lot. The suspect fled and was apprehended nearby by the police. Charges of Home Invasion, Assault and Battery by Means of a Dangerous Weapon, Armed Burglar and more were filed. After a series of court appearances involving various pretrial motions Attorney Stephen Neyman succeeded in getting all charged dismissed.

Lowell District Court: On December 2, 2012 members of the Lowell, Massachusetts Department acting in an undercover capacity observed a vehicle being driven by the defendant being operated in an erratic manner. The officer pulled the car over and immediately smelled a strong odor of unburnt marijuana coming from the car. When they made contact with the operator, a local restaurant manager, they saw in plain view drug distribution paraphernalia. Specifically, the police saw packaging materials and a digital scale. The defendant was arrested and charged with Possession With Intent to Distribute narcotics and a Massachusetts School Zone Violation. Today, Attorney Neyman was able to get the School Zone Charges dismissed and the remaining Massachusetts Drug Charges continued without a finding. All charges will be dismissed shortly.

Dorchester District Court: Police alleged that our client chased another man with a knife, took the man's sandal, and then fled the scene after throwing lemonade at the man's face. When the alleged victim tried to "kick him [our client] in the butt," our client allegedly again pulled out the knife and chased him down the street with it. Police applied for charges of assault with a dangerous weapon. Denise Dolan of our office represented our client at a clerk's hearing today, and the application was dismissed.

Malden District Court: It was alleged that our client drunkenly attacked his wife with a large butcher knife. According to the wife, when she returned home after getting her hair done, our client pushed her onto the couch, grabbed her hair, and pushed her head back while telling her that he would kill her. It was alleged that, at some point, our client got off his wife, went into the kitchen, and came back with the knife. He allegedly held the knife to the side of her throat, pulling her head back with the other hand, and pressed it against her skin to the point that it began to feel sharp. While doing this, our client allegedly asked his wife if she was afraid to be killed by him and told her that he could kill her in an instant if he wanted. Our office was able to get the charges continued without a finding.

Waltham District Court: It was alleged that our client beat his daughter, who was 9 months pregnant, with a belt because he believed that she or his younger daughter had stolen money from him while he took a nap. Our client's pregnant daughter was transported to the hospital due to intense pressure in her abdomen. It was also alleged that during the same episode, our client kicked his 4-year-old son in the sternum area. Our office was successful in convincing the district attorney's office that there was not enough evidence to move forward with this case, and the charges were dropped today.

Newton District Court: It was alleged that, at a party, one of our clients pushed another woman to the ground and began to kick, punch and bite her. It was alleged that another one of our clients joined in the kicking and punching and began to strike the woman in the head with a high heel shoe. Denise Dolan of our office represented these two women at a clerk's hearing, and no criminal complaints issued.

Boston Municipal Court Docket # 09-6570. The prosecution alleged that on August 7, 2009 the defendant, a local college student struck his girlfriend with broken glass, assaulted and beat her and threatened her with harm if she contacted the police. According to the victim, on the date of this incident our client entered her apartment while she was sleeping. He had been drinking and confronted her about recent incidents of infidelity. The woman asked him to leave. He refused and continuously insulted her, using profanity and threats. The defendant subsequently destroyed several personal items, breaking glass in the process. The victim was struck with pieces of the broken glass. The defendant left after she started screaming for help but not before threatening her with harm if she notified the authorities. The woman further claimed that in the course of the incident our client struck her several times. Earlier today Attorney Neyman succeeded in getting the charges continued without a finding. All charges will be dismissed against our client if he remains free from criminal legal trouble for a specified period of time.

Lynn District Court Docket Number:  09-1278.  The prosecution alleged that on March 13, 2009 Saugus police officers were dispatched via a 911 call claiming that a woman was in need of medical attention after a fight with her husband.  When the officers arrived they observed the woman wearing only a bathrobe crying and apparently in distress.  She claimed that her husband threw her down a flight of stairs and beat her.  The officers then located the defendant.  They were forced to break down his front door after which he was apprehended.  Today Attorney Stephen Neyman succeeded in getting all charges dismissed.