Brockton District Court

ATTORNEY GERALD J. NOONAN CONVINCES CLERK-MAGISTRATE TO DISMISS ASSAULT & BATTERY COMPLAINT UPON PROOF THAT THE ALLEGED VICTIM WAS THE AGGRESSOR WHO INITIATED THE CONFRONTATION. 

Defendant is a man with no criminal record. He was having dinner and some drinks at his favorable pub where he was a regular. On prior occasions, pub employees complained about the conduct of another patron. In particular, a female employee had complained about this patron before. On this occasion, the client happened to be seated next to this troublesome patron. The client began to videotape the patron to send to the female employee. Enraged at being recorded, the patron grabbed the client’s cell phone, causing both men to fall off their bar stools, knocking over a female patron in the process. Defendant was charged with Assault & Battery (G.L. c. 265, §13A).Result: At a Clerk-Magistrate Hearing, Attorney Gerald J. Noonan argued that there was insufficient probable cause to charge the client with Assault & Battery because the evidence showed that the other patron was the aggressor who initiated the confrontation, and the client merely acted reflexively in response to the other patron grabbing and pulling at his cell phone. The client had no intent to commit any touching, as his actions were purely reactionary to having his cell phone grabbed and pulled out of his hand. The Clerk-Magistrate did not issue any criminal complaint against our client. Therefore, the client does not have any criminal record arising out of this incident.