Assault and Battery, Serious Injury Resulting: Pretrial Probation

A man was attending a Brad Paisley concert at the Xfinity Center in Mansfield, Massachusetts. While at the concert, the man consumed several alcoholic beverages. He left his seat to purchase another drink and along the way, he bumped into another patron walking in the crowded corridor. The patron turned toward the man, allegedly to apologize. The man feared the patron was about to attack him. Acting in self-defense, the man struck the patron in the face, knocking him to the floor. The patron began to bleed heavily from his mouth. Mansfield Police arriving on the scene, placed the man under arrest. He was charged with Assault and Battery in the Attleboro District Court. The man contacted Massachusetts Assault and Battery Defense Attorney, John L. Calcagni III, to defend him in this matter. Attorney Calcagni and his team aggressively negotiated with the DA’s Office and prepared an extensive mitigation submission for its consideration before deciding on how to resolve this case. The challenge the Defense faced was that the man’s punch caused the patron’s teeth to shift in his mouth requiring braces and other extensive orthodontic care costing more than $5,000. The cost of this care was not covered by the patron’s insurance. Balancing the man’s self-defense claim and the patron’s injuries, Attorney Calcagni successfully negotiated with the District Attorney’s Office a disposition that called for placing his client on pretrial probation for a period of three (3) months on the condition that he pay restitution. The man accepted the deal and reimbursed the patron for the cost of his medical treatment. This disposition does not involve any plea of guilt, acceptance of responsibility or criminal conviction. After the pretrial probation period expires, the case will be dismissed and eligible for sealing.