DK and LL had been in a relationship for several years and lived together at DK’s house. The relationship was good, except that LL had a big problem with DK’s ex-wife. On a beautiful spring day, the pair decided to take DK’s motorcycle for a nice day-long ride. They had a wonderful day together and returned home. That’s when trouble began. DK’s ex-wife called and began arguing with DK. LL was not happy with the manner in which DK handled the telephone, got angry with DK and began drinking. Within a matter of minutes, LL’s demeanor changed significantly, she became angry, intoxicated, and was yelling and screaming at DK. The pair separated–DK stayed downstairs and LL went upstairs. Eventually, DK went upstairs to go to bed. LL was not in the bedroom and DK crawled into bed and turned out the lights. Soon thereafter, LL approached and began yelling at DK and poking him in the back. She left the room and returned again shortly thereafter. As DK heard her walking towards him and then felt her hand touch his back again, he reached out with his arm to stop her. The next thing he heard was a loud crash. LL had fallen backwards and hit her head on a sharp marble fireplace next to the bed. There was blood all over the bed and the floor. LL ran into the bathroom, locked the door and called 911. The police quickly arrived at the house and arrested DK and charged him in the Malden District Court with domestic assault and battery. DK hired Attorney Joshua Lewin of the Law Firm of Lewin and Lewin to defend him against the charges. LL did not want DK to be prosecuted, but the Assistant District Attorney refused to drop the case and insisted that the case be prosecuted. DK and LL entered into an “Accord and Satisfaction”, which is a private civil agreement to settle the dispute without criminal charges. Such an agreement, however, requires that a Judge agree to dismiss the charges. In this case, there were photos of the crime scene showing substantial amounts of blood and a copy of the 911 call had been determined to be admissible in evidence. The Assistant District Attorney objected to the case being dismissed and the Judge indicated that his practice was to not dismiss these types of cases if the Assistant District Attorney objected. On January 24, 2012, the morning of trial, with all witnesses present in court, Attorney Lewin argued persuasively to the Judge that he should dismiss the case even though the Assistant District Attorney objected. There were lengthy arguments. Ultimately, Attorney Lewin persuaded the Judge to deviate from his practice and to dismiss the charges. The case was dismissed and DK walked out of Court without any penalties. There are many strategies for winning a domestic assault and battery case, including through the use of an ‘accord and satisfaction.’ The lawyers at Lewin and Lewin have a long track record of using these strategies to successfully defend their clients in assault and battery cases.
Massachusetts Criminal Lawyer Blog