Criminal Defense Attorney

Assault and Battery – Dismissed

LJ, a 21-year-old college student, was charged with Assault and Battery after a barely-physical disagreement with his girlfriend.

Here is what happened: On a night in August, LJ met his girlfriend (GF) in downtown Boston. GF came from her place of work. While GF was working, LJ had been having a drink with a female friend. GF became upset when she learned of this. An argument began; it lasted for over two hours, all in public. Around 3am the couple began walking home. They stopped in Kenmore square to look for a cab. At this point LJ said something to GF; GF placed her pointer-finger on LJ’s lips and told him to “be quiet.” LJ slapped GF’s hand away. A by-stander called the police. The by-stander told police that LJ had “pushed her onto the ground.” This, of course, was not true. GF told police that LJ had merely slapped her hand away. She maintained this throughout the duration of the case. More than once she told the victim-witness advocate from prosecutor’s office; it did not change their opinion.

LJ hired Henry. He was most concerned with how this charge would impact his professional future. Henry drafted a formal request for “Pre-Trial Probation,” which included several letters of support. The letter asked the prosecutors to dismiss the case if LJ would complete a batterer’s program. The prosecutors declined. This left only one option, a trial. LJ and Henry prepared for trial. Meanwhile, LJ and GF were still dating; in fact, they lived together. On the trial date GF told the prosecutors, again, that LJ did not actually push her to the ground. The specific prosecutor listened to her and, when asked by the judge if the government was ready, replied “no, your honor. We will not be proceeding against LJ.”

The judge dismissed the case.

LJ and GF still live together.