Attempted Murder -- Dismissed; Assault and Battery -- Not Guilty

DDF, a 51-year-old carpenter, was arrested in August after a fight with his girlfriend.

DDF called the police and told them that his girlfriend "had a knife, and was beating the shit out of [him]". After hanging up with the police DDF walked downstairs and waited on the front steps. When the police arrived DDF told them that he had been punched, kicked, and threatened with a knife. He had visible cuts and bruises on his face; in addition, his dentures had been broken.

Upstairs, in their apartment, his girlfriend told the police a different story - she said that DDF had strangled her and threatened to kill both she and her daughter. DDF's girlfriend was visibly upset and had red finger-marks on her neck.

Believing the girlfriend's story over DDF's, the police arrested him. In court, after a "dangerousness" hearing, DDF was held without bail. DDF's criminal history was unhelpful; in addition to several other convictions, he had been convicted of Manslaughter in the 1980's.

The Commonwealth ultimately dismissed the Attempted Murder charge, but replaced it with a charge for Assault and Battery.

At trial, the evidence strongly supported our theory that DDF acted in self-defense.

DDF was found Not Guilty.