Commonwealth v. John Doe

ASSAULT & BATTERY CHARGE AGAINST ARMED SECURITY GUARD DISMISSED AT CLERK’S HEARING. 

Police responded to the scene of a domestic disturbance. Upon arrival, the client’s ex-girlfriend reported that the Defendant showed up to her apartment, unannounced, banging on the door and he forced himself inside the apartment. Defendant accused her of having an affair with another man. The other man was present in the apartment. An argument ensued between the Defendant and his ex-girlfriend’s lover, who claimed that the Defendant punched him in the face. Police observed visible injuries to his face. Defendant was charged with Assault & Battery pursuant to G.L. c. 265, §13A. Attorney Patrick J. Noonan represented him at a clerk-magistrate hearing. Because of the criminal charge, Defendant was terminated from his job as an armed security guard and his license to carry firearms was suspended. Defendant required an LTC in order to work in armed security. Defendant had been an armed security guard for the past five years and the Defendant had no prior criminal record. Attorney Noonan convinced the clerk to hold the case open for 3 months. If the Defendant remains out of trouble and does not get arrested, the charge would be withdrawn, and the criminal offense will not show up on his record. Attorney Noonan is also retained for the purposes of restoring the Defendant’s LTC so he can return to work.