ASSAULT & BATTERY: DISMISSED at TRIAL

Client, 27 year old bus driver with no criminal record, was arrested and charged with Assault & Battery stemming from an incident in which his wife alleged that he slapped her across the face in the presence of their two children. The wife reported another incident in which the Defendant attacked her but a family member intervened to prevent the assault. At trial, wife asserted her marital privilege not to testify against her husband. Attorney Patrick J. Noonan convinced the Commonwealth that they lacked enough independent evidence to proceed with the case, as the 911 tape was inadmissible and the family member witness was unavailable and lives in Haiti.

Result: Attorney Patrick J. Noonan obtains outright dismissal of domestic violence charge.