Violent Crimes
Commonwealth v. John Doe – Brockton District Court
ASSAULT CHARGES AGAINST BRINKS EMPLOYEE DISMISSED, CLIENT’S LICENSE TO CARRY FIREARMS IS REINSTATED, AND CLIENT RETURNS TO WORK.
Our client was employed as an armed security guard for Brinks, which requires him to possess a valid License to Carry Firearms. Brockton Police were dispatched to the residence of the client’s girlfriend, who reported that the client barged into her house and confronted her about having an affair with another man, who was also present in the home. The girlfriend claimed that the client struck her, threw her to the ground, and broke her fingernails. She also reported that the client had physically assaulted her, approximately one year ago, and she provided police with photographs of her injuries. During the altercation with the girlfriend, the client was also alleged to have physically assaulted the girlfriend’s male friend, by punching in the face. The client was charged with two counts of Assault & Battery upon his girlfriend and one-count of Assault & Battery on the male party (G.L. c. 265, §13A). Upon the issuance of the criminal charges, the client’s license to carry firearms was suspended and he was placed on leave from Brinks. Attorney Patrick J. Noonan immediately took the case to trial, all charges were dismissed, his LTC was reinstated, and the client has returned to work at Brinks.
Commonwealth v. John Doe – Brockton District Court
ASSAULT & BATTERY DISMISSED AT CLERK’S HEARING.
The client had a heated dispute with a contractor. The client hired the contractor to build him a new front porch. As part of the agreement, the contractor was required to remove all debris. However, the contractor never removed the debris, material, or trash, so the client paid to have the debris removed. When the contractor requested payment, the client stated that he would pay the bill, minus the money he paid to have the debris removed. The contractor and his son showed up to the client’s house at 9:00 p.m. unannounced, demanding full payment. In this heated confrontation, the contractor called the police and reported that the defendant pushed him. The police charged the client with Assault & Battery (G.L. c. 265, §13A). At the clerk’s hearing, Attorney Patrick J. Noonan presented evidence that the contractor and his son were the aggressors. When they were banging on his front door, at 9:00 p.m. at night, they startled and scared the client’s young children. When the client refused to pay the entire bill, the contractor and his son attempted to barge into the house, but the client pushed them away. The client took out his phone and said that he was calling the police at which time the contractor grabbed his phone and threw it. The contractor and his son committed an assault on the client. During this contentious hearing, the clerk decided to dismiss the complaint. The client had no record.
Commonwealth v. John Doe – Attleboro District Court
ATTORNEY GERALD J. NOONAN GETS CRIMINAL CHARGES DISMISSED AGAINST CHINESE IMMIGRANT WHO THREATENED TO SHOOT CO-WORKERS.
Defendant is an elderly hard-working Chinese immigrant. Defendant was in the manufacturing department of a company. Co-workers noticed that the Defendant was acting bizarre and unusually. His employer spoke with the Defendant about his poor work performance. Defendant believed that his co-workers went behind his back and complained to their boss about his work performance. Defendant was very agitated when confronted about his work performance. Co-workers called the police because the Defendant threatened to leave and come back with a firearm and shoot his co-workers. Police responded to the scene. Police approached the Defendant as he was working in the manufacturing department. Out of an abundance of caution and for the safety of everyone, police attempted to escort the Defendant from the workplace, causing him to become more agitated and the Defendant repeated his threats to shoot everyone. Defendant was charged with multiple counts of Threats to Commit a Crime pursuant to G.L. c. 275, §2. Defendant had never been in any trouble. Attorney Gerald J. Noonan represented the client and gathered information, which he presented to the prosecution about the state of his client’s health. Defendant was elderly and was being treated for the late stages of cancer and was prescribed numerous strong medications. Attorney Noonan presented medical evidence and argued that the Defendant was not in the right state of mind due to his aggressive cancer treatment combined with the stress and strong medications. His behavior was completely out of the norm and he had no intention to harm anyone. Although witnesses stated that the Defendant threatened to leave the workplace, retrieve his firearm, and return, Defendant did not even possess a gun. After considering the evidence presented by Attorney Noonan, the prosecution agreed to dismiss all charges.
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.
Commonwealth v. John Doe – Brockton District Court
ASSAULT & BATTERY CHARGE DISMISSED AT TRIAL.
Defendant has no prior criminal record. Defendant resides with his father and brother. His brother, the alleged victim, called 911 and reported that the Defendant attacked him and ripped out his hair. On scene, police observed serious injuries to the victim, including a deep laceration to his eyebrow, which required stitches. Police observed long locks of the victim’s hair on the floor, which the Defendant ripped out. Police photographed the victim’s injuries. At the scene, Defendant’s father reported that he had to break up the fight. Defendant was charged with Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M. On the day of trial, Attorney Patrick J. Noonan was able to get the charge dismissed.
Commonwealth v. John Doe – Plymouth Superior Court
DEFENDANT WAS CHARGED WITH ARMED ROBBERY AND STABBING A VICTIM. A JUDGE FOUND THE DEFENDANT DANGEROUS AND ORDERED HIM HELD IN JAIL PENDING TRIAL. ATTORNEY PATRICK J. NOONAN APPEALED TO THE SUPERIOR COURT, WINNING HIS CLIENT’S RELEASE. CLIENT IS FREE WHILE HE AWAITS TRIAL.
The defendant was alleged to be a joint-venturer in the robbery of the victim. During the robbery, the victim was stabbed serious times and sustained very serious injuries. The Commonwealth alleged that the Defendant was one of the persons who stabbed the victim in the robbery. Defendant was charged with Armed Robbery pursuant to G.L. c. 265, §17 and Assault with a Dangerous Weapon pursuant to G.L. c. 265, §15B. The Commonwealth moved the court to hold the Defendant in jail pending trial on the grounds that he was too dangerous to be released, given the serious nature of the case. The judge found the Defendant dangerous and ordered him held in jail pending trial. Attorney Patrick J. Noonan appealed and persuaded a Superior Court Judge that the Defendant should be released on strict conditions, which would assure the safety of the public and the victim. The Superior Court Judge released the Defendant on very strict conditions and he remains free as he awaits trial.
Commonwealth v. John Doe
ATTORNEY GERALD J. NOONAN GETS DOMESTIC ASSAULT AND BATTERY CHARGES DISMISSED AGAINST HIGH-RANKING OFFICER IN MILITARY.
Defendant has been in the military for 20 years and is a highly decorated officer. Defendant was charged with Assault & Battery on a Family / Household Member pursuant to G.L. c. 265, §13M. If the Defendant was convicted, his military career would be ruined. Defendant retained Attorney Gerald J. Noonan, who prepared the case for trial. At trial, Attorney Noonan was able to get the charge dismissed and the Defendant can continue his service in the Air Force.
Commonwealth v. John Doe – Boston Municipal Court
CHARGES OF STRANGULATION AND ASSAULT & BATTERY AGAINST COLLEGE STUDENT DISMISSED.
My Defendant is a college student. He lived with three college roommates in an off-campus apartment. One of his roommates called 911 and reported that the Defendant physically assaulted him and placed him in a chokehold. Defendant denied the allegations. Defendant was charged with Strangulation (G.L. c. 265, §15D) and Assault & Battery (G.L. c. 265, §13A). The client and his parents hired Attorney Patrick J. Noonan, who immediately moved to dismiss the Strangulation charge for insufficient evidence, as there was no evidence to support the essential elements of the offense, and there was no statement by the victim that the Defendant applied substantial pressure to his neck which interfered with the normal course of his breathing. The prosecution, to their immense credit, reviewed Attorney Noonan’s Motion to Dismiss and agreed to drop the Strangulation charge. Attorney Noonan prepared for trial on the remaining Assault & Battery and provided the prosecution with statements from the two other roommates who were present for the altercation. The witness statements were highly exculpatory and undermined the government’s case. After producing these witness statements, the Commonwealth agreed to dismiss the case outright, after 6 months.
Commonwealth v. John Doe
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.
Commonwealth v. John Doe
Commissioner of Probation
CONVICTIONS FOR ASSAULT & BATTERY WITH A DANGEROUS WEAPON AND WITNESS INTIMIDATION ARE SEALED FROM CLIENT’S RECORD.
Our client was convicted for Assault & Battery with a Dangerous Weapon (G.L. c. 265, §15A), Assault & Battery (G.L. c. 265, §13A), and Witness Intimidation (G.L. c. 268, §13B). The client contacted our law office to have the convictions sealed from his record. Our law office was able to seal all criminal convictions from the client’s record.