October 2013 Assault and Battery

Police Report:

Two men had an altercation inside a bar. Bouncers who observed the altercation quickly responded by asking both men to leave the establishment. The men did as they were asked. Once outdoors the men proceeded to walk away from the scene in opposite directions. While walking away one man the initial attacker approached the other from behind the initial victim and struck him on the head with a closed fist.

A fight and struggle then ensued between the men on the sidewalk. The fighting was mutual. This event was witnessed by police officers working in the vicinity. Officers responded to the men and verbally commanded them to cease fighting. The men ignored the police and continued their behavior of fighting one another. This disobedience and continued altercation caused police to employ pepper spray in order to subdue the men.

This tactic was successful. The police subdued both men and safely took them into custody. The men were then charged with Assault and Battery and Disturbing the Peace. The initial attacker retained Attorney John L. Calcagni III to represent him in this matter. The man was a member of the Army National Guard had recently redeployed home from Afghanistan and initiated the fight when the other man disrespected his girlfriend in the club.

The man was also pursuing job opportunities as a police officer corrections officer and fireman. A criminal conviction of any kind would have destroyed any of these job prospects. Attorney Calcagni negotiated for his client with both the prosecutor and Co-defendant’s attorney. He then successfully convinced the Court over the prosecution’s objection to dismiss this matter against his client.

Criminal Case Result:

• Assault and Battery: Dismissed