ASSAULT & BATTERY: PRETRIAL PROBATION

Defendant’s father called 911 to report a fight between the Defendant and his 16-year-old younger brother. The father reported that the Defendant charged at his younger brother and they began fighting on the floor. The father pointed out that the Defendant outweighs his younger brother by 100 lbs. The father intervened to protect his younger son from the Defendant and the father had to punch the Defendant in the face to break up the fight. The younger brother told police that the Defendant pushed his finger into his eye socket multiple times. Police observed that the younger brother had redness to his left eye and redness around his mouth. The parents made written statements to police. All parties (father, mother, brother) stated that the Defendant has an anger problem and needs help for his anger issues.

Result: Attorney Gerald J. Noonan persuaded the Commonwealth to place his client on pretrial probation for one-year with the condition that he undergoes counseling to address the concerns of his family members. If the Defendant abides by the conditions, the criminal charge will be dismissed after one-year and the Defendant will not have to admit guilt.