Commonwealth v. T.L.

ASSAULT & BATTERY CHARGE AGAINST DEFENDANT WITH ASPERGER’S SYNDROME DISMISSED

 Defendant, a Plymouth resident, is a young man with Asperger’s Syndrome, which is a developmental disorder affecting the ability to effectively socialize and communicate. Defendant was adopted and lived in a large household with his adopted parents and the adult children of his adopted parents. On one evening, an argument ensued between the Defendant and his brother. During the course of the argument, there was some pushing, shoving and punches were exchanged. Other members of the household had to intervene to break up the altercation. When the police were called, the Defendant had visible injuries from the altercation, which the police ignored and chose not to photograph or document in their police report. The police also chose to ignore statements and information provided to them that the Defendant was diagnosed with Asperger’s syndrome. After things cooled off, Defendant and his brother reconciled and the brother did not want to proceed with any criminal charges against the Defendant. Defendant was charged with Assault & Battery on a Family or Household Member (G.L. c. 265, §13M).

Result: After being retained, Attorney Gerald J. Noonan provided documentation to the Commonwealth showing that his client was diagnosed with Asperger’s Syndrome. Attorney Noonan also provided the Commonwealth with photographs of his client’s injuries, which suggested that his client was not the primary aggressor but was on the receiving end of the assault. Defendant had no criminal record or any involvement with police or the court system. The Commonwealth saw that this was an altercation between two brothers who have since reconciled and the alleged victim did not wish to proceed with any criminal charges against the Defendant. One the day of trial, the criminal charge was dismissed.