ASSAULT & BATTERY: DISMISSED

Defendant was charged with Assault & Battery stemming from an incident in which police responded to a 911 call and upon arrival the alleged victim (defendant’s girlfriend) alleged that the defendant struck her. Attorney Gerald J. Noonan marked the case for trial. At the trial, the alleged victim invoked her Fifth Amendment privilege against self-incrimination. Had the alleged victim testified at trial, her answers with regards to the alleged incident would tend to incriminate her. After invoking her Fifth Amendment privilege, Attorney Gerald J. Noonan filed a Motion to Dismiss arguing that the Commonwealth did not have sufficient evidence to proceed to trial absent the testimony of the alleged victim. Attorney Noonan’s Motion to Dismiss was allowed and the criminal complaint was dismissed.

Result: Attorney Gerald J. Noonan gets Assault & Battery charge against military man dismissed outright at trial.