Violent Crimes
Commonwealth v. J.C. – Salem District Court
ASSAULT & BATTERY: NOLLE PROSS and RECORD SEALED
Client, 19-year-old Military Police Officer with no criminal record, was arrested and charged with Assault and Battery stemming from an allegation that he pushed and threw his girlfriend during a heated argument. After his arraignment, client retained Attorney Patrick J. Noonan. Prior to trial, Attorney Patrick J. Noonan informed the Commonwealth that his cross-examination of the alleged victim would incriminate her because she committed several crimes during the night of the alleged incident, including Assault and Battery, Malicious Destruction of Property, and others. At trial, the alleged victim opted not to testify. The Commonwealth nolle prossed the charge at trial. Attorney Patrick J. Noonan then filed a Motion to Seal the Assault and Battery charge from his client’s record arguing that the unsealed criminal charge would pose a specific harm to his client, as he is aspiring to become a Corrections Officer.
Result: Attorney Patrick J. Noonan dismisses the case outright and the Assault & Battery charge is permanently sealed from the client’s record.
Commonwealth v. M.M. – Attleboro District Court
ASSAULT: PRETRIAL PROBATION
Attleboro Police were dispatched to a domestic violence incident in progress. Defendant’s wife reported that the Defendant had placed his nine-year-old son in a headlock and squeezed his nose in an attempt to stop him from breathing. The Defendant continued to threaten the child by ripping the blankets off his bed, clenching his fist, and yelling, “You want to see what killing is?” The mother of the child called police because she was afraid for the safety of her nine-year-old son. Attorney Gerald J. Noonan successfully obtained a great disposition for his client known as pretrial probation. Specifically, if the Defendant completes a batterer’s program and does not get arrested for any new crimes, the case will be dismissed in one year.
Result: Attorney Gerald J. Noonan persuades the government to place his client on pretrial probation for one-year at the conclusion of which the criminal charge will be dismissed outright.
Commonwealth v. Z.S. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, 28-year-old former marine, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly slammed his wife’s head into the wall of their hotel room.
Result: Attorney Patrick J. Noonan dismisses domestic violence charge outright on his first court appearance.
Commonwealth v. D.R. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, a Systems Analyst, was charged with Assault and Battery stemming from a domestic dispute in which he allegedly pushed his wife knocking her down some stairs causing her to call 911 and report the incident. After the arraignment, client hired Attorney Patrick J. Noonan.
Result: Attorney Patrick J. Noonan convinces Commonwealth to dismiss case due to lack of evidence and issues regarding a possible 5th amendment privilege concerning the victim.
Commonwealth v. J.P. – Framingham District Court
ASSAULT & BATTERY WITH DANGEROUS WEAPON: NOLLE PROSS
Client, 23 year-old college student, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a domestic argument in which she allegedly threw a one-gallon container at the victim, striking the victim on the back. By way of Motion to Dismiss, Attorney Patrick J. Noonan dismissed the dangerous weapon portion of the offense on the grounds that the alleged object did not constitute a dangerous weapon under the law.
Result: Attorney Patrick J. Noonan gets violent felony offense reduced to simple misdemeanor Assault & Battery and the Commonwealth decides not to prosecute.
Commonwealth v. C.S. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, 50 year-old mechanic, was charged with Assault and Battery stemming from a domestic argument with his girlfriend of 16 years in which he allegedly struck her on the left side of the face and knocked her to the ground.
Result: Attorney Patrick J. Noonan persuades Commonwealth to dismiss domestic violence charge based on a change in the alleged victim’s position.
Commonwealth v. M.L. – Brockton District Court
ASSAULT & BATTERY: DISMISSED at TRIAL
Client, truck driver with no criminal record, was charged with Assault and Battery stemming from a domestic argument where he allegedly shoved his wife. At trial, the wife asserted her marital privilege not to testify against her husband, the Defendant. Without the wife’s testimony, the Commonwealth lacked evidence to prosecute the case.
Result: Attorney Patrick J. Noonan gets domestic violence charge dismissed at trial.
Commonwealth v. J.G. – Stoughton District Court
DANGEROUSNESS HEARING: RELEASED FROM CUSTODY
The Commonwealth sought to hold the Defendant in custody for 120 days or until trial stemming from allegations that the Defendant assaulted, beat, choked, and threatened to kill his ex-girlfriend with a loaded revolver. Attorney Patrick J. Noonan represented the client at the Dangerousness Hearing where he established that the alleged victim was highly incredible and had a motive to lie and fabricate the allegations. Attorney Noonan also established that the police conduct a shoddy investigation. After hearing, the judge agreed to release the Defendant on bail with conditions. Eventually, Attorney Patrick J. Noonan was able to dismiss all charges at trial.
Result: Attorney Patrick J. Noonan saves his client from serving 120 days in jail.
Commonwealth v. K.L. – Brockton District Court
ASSAULT & BATTERY DANGEROUS WEAPON: DISMISSED upon MOTION
Client, with no criminal record, was charged with Assault and Battery with a Dangerous Weapon (felony) stemming from a verbal altercation with two women during which he struck both victims with an apartment door. Attorney Patrick J. Noonan filed a Motion to Dismiss the felony count arguing that the apartment door did not constitute a dangerous weapon based upon comparative case law. Attorney Noonan argued that the Defendant did not use the apartment door in such a way as to constitute a dangerous weapon.
Result: Attorney Patrick J. Noonan’s Motion to Dismiss was allowed resulting in the dismissal of the felony charge.
Commonwealth v. A.D. – Brockton District Court
THREATS TO COMMIT MURDER: DISMISSED
Client, 25 year-old hospital worker, charged with Threats to Commit a Crime to wit: murder stemming from an incident in which he threatened to kill his cousin with a kitchen knife. When police arrived on the scene, they recovered a kitchen knife. Attorney Patrick J. Noonan successfully obtained an agreement with the prosecution and procured a disposition for his client called pretrial probation. Pretrial probation is a very difficult disposition to attain because it is available only in limited circumstances and must be agreed to by the prosecution. At the conclusion of a non-supervisory probationary period, the criminal charge will be dismissed. Pretrial probation is much better than a continuance without a finding (CWOF) because the Defendant does have to admit to sufficient evidence for a finding of guilty. Therefore, it cannot be held against the Defendant as a prior offense if he is ever charged with a crime in the future. Defendant was placed on pretrial probation for one-year. On November 16, 2013, the criminal charge was dismissed.
Result: Attorney Patrick J. Noonan gets Threats to Commit Murder charge dismissed outright.