ASSAULT & BATTERY: DISMISSED AT TRIAL

Defendant’s boyfriend called 911 and he reported that the Defendant bit him and that the Defendant had a knife in her hand. The boyfriend stated that they were having an argument over finances when the Defendant bit him and retrieved a knife at which point the victim left the apartment and called 911. Police were dispatched to the residence and they placed the Defendant under arrest for Domestic Assault & Battery.

Result: Attorney Gerald J. Noonan prepared the case for trial. At trial, the alleged victim failed to appear. Attorney Gerald J. Noonan argued that the Commonwealth would not be able to introduce the 911 call into evidence, as the 911 call did not meet the necessary rules of evidence. Without the victim’s testimony and without the 911 call, the Commonwealth was forced to dismiss the case.