Criminal Defense Attorney

Assault and Battery on Person 60 years or Older, Assault and Battery – Dismissed

JJ, his brother, and their mother had a big family fight. JJ and brother punched each other. Mother said that JJ grabbed her violently and punched her in the arm. Mother obtained a restraining order against JJ. JJ maintained that he did not abuse his mother; he said that his mother accused him of abuse in order to get him out of the house and away from JJ’s brother. 

JJ was charged with Assault and Battery on a person over 60 years old (his mother), and Assault and Battery (his brother). JJ hired attorney Henry Fasoldt. 

As in most domestic-related cases, there are hurt feelings, long-standing issues, and multiple layers of emotions. This case was no different. Henry and JJ planned a trial strategy that involved revealing the bad blood between the brothers, his mother’s desire to remove JJ from the home, and her subsequent recanting of her earlier statements to the police. After two months, mother terminated the restraining order, thus allowing JJ to move home. JJ agreed to modify his medication (he had been heavily medicated, due to significant emotional instability). One month after that, mother told the prosecutors that she did not wish for JJ to be prosecuted. His brother followed suit. On the day of trial, neither mother nor brother appeared. The case was dismissed.

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