Case Results » Assault and Battery by Means of a Dangerous Weapon
Waltham District Court: Two Counts of Assault and Battery by Means of a Dangerous Weapon and one Count of Domestic Assault and Battery Dismissed
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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Concord District Court: Pretrial Probation for Professor Charged With Assault and Battery Dangerous Weapon
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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Lowell Superior Court: Iron Worker Avoids Prison in Major Stabbing Case
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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Worcester District Court: Charges of Assault and Battery Dangerous Weapon, Breaking and Entering Against Construction Worker Dismissed
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.
Boston Municipal Court: Charges of Assault and Battery Dangerous Weapon and Possession With Intent to Distribute Class Against Cab Driver 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.
Malden District Court: Assault and Battery By Means of a Dangerous Weapon 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.
Charges of Home Invasion, Armed Burglary, Assault and Battery and Assault and Battery by Means of a Dangerous Weapon Dismissed
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.
Drug Distribution Charges Against Local Restaurant Manager Continued Without a Finding, School Zone 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.
Charges of Assault with a Dangerous Weapon Dismissed After Clerk's Hearing
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.
Charges of assault and battery with a dangerous weapon and threat to commit a crime to be 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.
Charges of assault and battery on a pregnant woman and assault and battery with a dangerous weapon dropped
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.
Charges of Assault and Battery and Assault and Battery with a Dangerous Weapon to be dismissed after clerk's hearing
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.
Charges of Assault and Battery by Means of a Dangerous Weapon, Intimidation of a Witness and Assault and Battery against local college student to be dismissed
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.
Charges of assault and battery dangerous weapon, domestic assault and battery dismissed.
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.