ASSAULT & BATTERY: DISMISSED upon MOTION

Defendant was charged with Assault & Battery upon the alleged victim stemming from an incident at a bar in Easton, Massachusetts in which the defendant allegedly punched the alleged victim in the face. A seasoned Easton police officer investigated the incident and interviewed the defendant and the alleged victim. The police officer determined that the defendant’s version of events at the bar was more credible than the alleged victim’s version. A clerk’s hearing was conducted on the criminal complaint against the defendant for Assault & Battery. At the clerk’s hearing, the magistrate decided not to issue any criminal complaint and advised the parties not to contact each other any further. The alleged victim was dissatisfied with the clerk’s decision and filed a private application for criminal complaint against the defendant for Assault & Battery for punching him in the face at the bar. Attorney Gerald J. Noonan filed a Motion to Dismiss. Attorney Noonan argued that the Easton Police did not find the alleged victim’s version of the events at the bar to be credible. Defendant’s version to police was that the alleged victim punched him in the face, not the other way around. Attorney Noonan argued that the alleged victim was filing this private criminal complaint in retaliation against the defendant because they had a contentious and hostile relationship as neighbors. Prior to the alleged incident in the bar, defendant contacted police and reported that the alleged victim (his neighbor) was spying on him and defendant’s wife with a video camera. Defendant also contacted police, prior to the incident at the bar, and reported that the defendant was posting signs on his property threatening the defendant and his wife. Attorney Noonan argued that the alleged victim was not credible and was abusing the court process by filing this private application for criminal complaint. Attorney Noonan introduced evidence that the alleged victim had 44 entries on his criminal record, mostly for violent offenses, such as: Stalking, Assault & Battery, and Violation of Restraining Orders. Conversely, Attorney Noonan presented evidence that his client had never been arrested or charged with a crime in his life.

Result: Attorney Gerald J. Noonan’s Motion to Dismiss the criminal complaint charging defendant with Assault & Battery was allowed, and the criminal complaint was dismissed.