ASSAULT AND BATTERY ON A FAMILY MEMBER; STRANGULATION. –DISMISSED-

 

 

September 7, 2016 Malden District Court

Client was dismayed to learn that he had been charged with striking and strangling his wife after he personally called 911 on her.  Client met with Lawyer and told him the story.

After an argument  and talk of divorce, his wife of several hears had become irate and inconsolable.  Client had heard horror stories about domestic violence accusations so he called the police to mitigate the situation.  When the police arrived that evening Client’s relief turned to horror as he was cuffed, taken down to the police station and booked. Because Client was not a US citizen Lawyer could not negotiate any sort of deal with the Commonwealth.  Domestic violence like so many other crimes, is considered a crime of moral turpitude, making pursuit of citizenship all but impossible.

The woman remained responsive and cooperative with the victim witness advocate as the case proceeded, fueling the Commonwealth’s misconception that a crime had been perpetrated against her by Client.  After protracted litigation and numerous court appearances the Commonwealth finally dismissed the charges against Client when they were left unable to prove their case.

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