ASSAULT & BATTERY: DISMISSED

Defendant had an argument with her boyfriend. The boyfriend told the Defendant to pack up her belongings and leave the residence. They proceeded to argue over the items that the Defendant wished to take with her upon moving out of the house. The argument escalated and the boyfriend alleged that the Defendant assaulted and battered him. The boyfriend called 911 and made a written statement to police. The police arrested the Defendant. Because the boyfriend-alleged victim was over 60 years old, Defendant was charged with Assault & Battery on an Elderly Person, an aggravated offense. The Commonwealth refused to dismiss the criminal complaint, even though the Defendant was in her late 50s and had no criminal record.

Result: Attorney Patrick J. Noonan placed the Commonwealth on notice that he would be asserting self-defense at trial. At trial, the alleged victim appeared ready to testify, as well as the arresting officer. At trial, the Commonwealth dismissed the criminal complaint that charged Defendant with an aggravated offense.