Assault & Battery

June 18, 2025

Another Domestic Assault & Battery Case DISMISSED – Haverhill District Court

On March 2, 2024, DM, a 31 year old project manager, was living in Haverhill with his girlfriend. They had been in a dating relatuionship for two years. On that night he had been drinking heavily and got into an argument with his girlfriend about his drinking. At one point he lunged at her and tackled her (football style) throwing her down to the floor. She scratched him to get away, ran out of the apartment, and called 911. The police responded and took a statement from her in whicvh she described the attack in detail. The police spoke with DM, noted his intoxication, and in the converstaion he admitted to the police that he had tackled her and threw her down to the floor. He was cuffed and arrested and brought to the Haverhill PD. On March 4, 2025 he was arraigned in Haverhill Diostrict Court and his case was continued. DM met with and retained Attorney Robert Lewin from Andover.

Attorney Lewin immediately began to work on the case. He obtained a copy of the 911 call. He also noted that there was no mention of photos or videos or body worn camera recordings in the police report. Attorney Lewin had contact with DM’s girlfriend. It was her wish that DM get help for his drinking and his anger managment.

DM told Attorney Lewin that he did not want ot go to jail and that if he could avoid a conviction that would be a real bonus. Attorney Lewin had numerous conversations with the Assistant District Attorney about resolving the case and Attorney Lewin was finally able to convince the Assistant DA to agree to a general continuance of the case followed by a dismissal.

June 11, 2025

Domestic Assault & Battery & Strangulation – NOT GUILTY Jury Verdict in Lowell District Court

by Robert D. Lewin

On November 23, 2024, Bill M., a 60 year old Union President was arrested and accused of Strangling and Beating a 40 year old woman who lived with him. (You should read Bill’s Google review of Attorney Lewin posted around June 9, 2025.) She had marks on her neck where she told the police he choked her. The police observed the marks and photographed them. Bill absolutely denied touching her. He was arraigned on November 25, 2024 and his case was then continued. Bill met with and retained Attorney Robert Lewin from Andover. (Identical charges had been brought against Bill in 2018 that Attorney Lewin handled and Attorney Lewin was successful in getting those charges dismissed.)

Bill was a terrific client and was able to furnish Attorney Lewin with videos of the woman assaulting him. In addition, Bill was able to give Attorney Lewin a complete history of his relationship with this woman. She was a drug addict. Attorney Lewin spent days preparing the case for trial. Attorney Lewin and Bill had trial preparation sessions in the days leading up to the trial.

On Thursday, May 29, 2025 Bill and Attorney Lewin appeared in Lowell District Court and both the Commonwealth and Attorney Lewin answered that they were ready for trial. The trial began that morning. By mid-afternoon the Commonwealth had rested their case. Attorney Lewin immediately asked the Judge to enter a NOT guuilty finding on ther strangulation charge. It is not enough for the state to prove that he put his hands around her neck; and it is not enough for the state to prove that he applied prerssure to her neck; strangulation requires the state to prove that as a result of his placing his hands around her neck and applying pressure to her neck that he intentionaly interfered with the normal breathing or circulation of blood. There was no evidence of that requirment. The Judge agreed with Attorney Lewin and removed that charge from the Jury’s consideration and the Judge entered a finding of NOT guilty on the strangulation charge.

May 19, 2025

Another Domestic Assault & Battery Dismissed

by Robert D. Lewin

TO is a 26 year old physical education (gym) teacher in a local elementary school. On October 12, 2024, TO was arrested and charged with Assault and Battery on her sister, Assault & Battery on a Household Member (her live in boyfriend) , and Disorderly Conduct. The police had been called to TO’s apartment and found TO’s sister outside sitting on the ground with blood coming from her mouth and lip. Witnesses told the police that TO had gone after her sister and TO had her sister on the ground and was punching her about the head. Witnesses also told police that TO had gone after her boyfriend and had to be separated from her boyfriend. When the police started to ask everyone what happened TO began to yell and scream at the police. The police finally put TO in cuffs and removed her from the scene under arrest. She was later bailed from the police station and told to report to Peabody District Court on October 15, 2024 for arraignment. The next day, TO met with and retained Attorney Robert Lewin from Andover to represent her. On October 15, 2024, TO and Attorney Lewin appeared in Peabody District Court and TO was arraigned. Her case was continued to November 19, 2024 for a pre-trial hearing.

Attorney Lewin then spoke with TO’s sister and her boyfriend. After speaking with Attorney Lewin the sister and boyfriend both agreed to tell the District Attorney that they wanted the charges dismissed. Attorney Lewin then met with the Assistant District Attorney and an agreement was reached to resolve the case favorably.

On November 19, 2024, TO and Attorney Lewin appeared in Peabody District Court. By agreement, TO’s case was continued for 6 months to May 19, 2025 with an order that the case was to be dismissed if there were no reports of any further trouble.

April 28, 2025

Assault & Battery Case DISMISSED Prior To Arraignment

by Robert D. Lewin

RP is a 38 year old elementary school teacher living in Haverhill. On September 30, 2024 RP got into an argument with her younger sister and slapped her sister across the face. RP fled the house after striking her sister and the sister called 911. The police responded and called RP, but she refused to “turn herself in”. The police went to Haverhill District Court and filed a criminal complaint against RP for Assault and Battery. The court issued a summons for RP to appear for an arraignment on November 5, 2024. RP met with and retained Attorney Robert Lewin to represent her in Haverhill District Court.

Prior to the arraignment date, Attorney Lewin prepared and filed at the Court a Motion for a pre-arraignment disposition. When an arraignment takes place in a criminal case, a criminal record is created and an entry is made in the statewide Criminal Offender Record Information (CORI) system. Also prior to the arraignment date Attorney Lewin met with the Assistant DA at Haverhill Court to discuss a pre-arraignment disposition. Lastly, prior to the arraignment date, Attorney Lewin spoke to RP’s sister. The two women had settled their differences.

Because RP is an elementary school teacher, it was/is imperative for her NOT to have any criminal record – and in particular not to have any criminal record for assaultive behavior. Having such a record would probably cost her her job.

January 26, 2025

Assault & Battery Charge Avoided

by Robert D. Lewin

On November 9, 2024, EP, a 54 year old union carpenter, went to a restaurant in Methuen with his extended family. While at the restaurant he saw SP, a similarly aged man, who had had a number of confrontations with EP’s brother. At one point EP left his table and went to the men’s room. As EP was about to leave the men’s room SP entered the men’s room. The two men exchanged words with one another and then the stories diverged. A fight broke out between the two men; the restaurant management broke up the fight and escorted the two men out of the restaurant; and the police were called and responded quickly to the restaurant. EP told the police that SP had chest bumped him as he was trying to leave the men’s room and EP had simply pushed SP out of his way so he could leave the men’s room. SP told the police that EP had grabbed him by the throat and punched him in the face. SP told the police he wanted charges filed against EP.

The police charged both men with Assault & Battery. EP consulted with and retained Attorney Robert Lewin from Andover. Attorney Lewin immediately obtained copies of the police report and Attorney Lewin spoke with the police prosecutor. The two cases were set up for a Clerk-Magistrate Hearing at Lawrence District Court. On January 7, 2025 EP and Attorney Lewin arrived at Court for the hearing. SP was also present but did not have a lawyer. Attorney Lewin went over to SP and had a conversation with SP. Attorney Lewin explained to SP that if the two men went ahead with the hearing that the Clerk-Magistrate would issue criminal complaints against both men and then both men would have to return to court and criminal records would be created against both men. Attorney Lewin said that if SP and EP agreed not to go forward that it was very likely that the Clerk-Magistrate would not issue a criminal complaint against either man. SP, who could be a stubborn man, saw the light and agreed with Attorney Lewin’s suggestion.

The case was called into the hearing room. The Clerk-Magistrate had the police prosecutor read the police report. The police report clearly set out probable cause for the Clerk-Magistrate to issue criminal complaints against both men for Assault & Battery. The Clerk-Magistrate then turned to Attorney Lewin and requested his input. Attorney Lewin explained to the Clerk-Magistrate that he had spoken to both men, and both men were requesting that the Clerk-Magistrate not issue complaints. In addition, Attorney Lewin had also spoken to the police prosecutor and the police prosecutor stated to the Clerk-Magistrate that he had no objection to Attorney Lewin’s suggestion.

June 4, 2024

Another Domestic Assault & Battery Charge Avoided

by Robert D. Lewin

On Saturday, April 13, 2024, DP, a 49 year old registered nurse from Andover, went to her ex-husband’s house. She had just finished a work shift and had called her two young daughters who were at her ex-husband’s house for his parenting time. When she called she could tell that he had been drinking and was not sober. She immediately drove to his house from her work to get the girls (ages 11 and 9). When she got there and went to check on the girls, he blocked her way. She pushed him out of the way and in the process cut his lip. He called 911 and the police came. The police did not arrest her, but told her she would be summonsed to court. Shortly thereafter, DP received a notice from Lawrence District Court that an Application for Criminal Complaint had been filed against her by the Andover Police for domestic assault and battery and that a hearing would be held on May 30, 2024 to determine if a criminal complaint would be issued against her. DP consulted with and retained Attorney Robert Lewin from Andover.

Attorney Lewin felt it would be outrageous if in these circumstances DP would be charged. She went to the house to protect her daughters. Attorney Lewin immediately contacted DP’s ex-husband and he agreed (!) that DP should not be charged. Attorney Lewin had a lengthy communication with the Andover Police Prosecutor and laid out all the facts for him.

On May 30, 2024, DP and Attorney Lewin (and DP’s ex-husband) appeared at Lawrence District Court for a Clerk-Magistrate Hearing. Attorney Lewin had DP’s ex-husband testify that he did not want a criminal complaint to be issued against DP. Attorney Lewin explained all the circumstances to the Clerk-Magistrate. The Clerk-Magistrate agreed with Attorney Lewin and denied the application for criminal complaint and dismissed the case.

April 23, 2024

Another Domestic Assault & Battery Win (Alien Client)

by Robert D. Lewin

On February 10, 2024, SQ, a 50 year old software developer, and his wife got into an argument. According to the Ipswich Police Department Report, SQ got into his wife’s face, she pushed him back, and then he punched her with a closed fist in the mouth, cutting her mouth and causing her to bleed down onto her chin. She immediately ran out of the house and drove to the police station and reported what had happened. The police took photos of her, and drove to the house and arrested SQ. SQ went to court and was arraigned. SQ then contacted and retained Attorney Robert Lewin of Andover.

Attorney Lewin reviewed the facts of the case and the police reports carefully. SQ’s wife decided she did not want to testify against her husband. Oftentimes, that causes the case to be dismissed; however, where there is independent evidence that an assault occurred and that the accused committed the assault, the state can go forward with the prosecution. In SQ’s case the police had the wife’s detailed statements at the police station as to the punch in the mouth, and they had photographs of her bloody face and cut lip. Attorney Lewin filed a detailed Motion to Exclude from evidence at the trial the statements SQ’s wife made to the police. (If the Judge determines that the statements were an “excited or spontaneous utterance”, then the police will be allowed to testify at trial as to the statements made by SQ’s wife. If the Judge determines that the statements were not an “excited or spontaneous utterance”, then the police will not be allowed to testify at trial as to the statements made by SQ’s wife.)

The case was set down for trial on April 10, 2024. Prior to that date, Attorney Lewin met with the Assistant District Attorney and reviewed with the Assistant DA, Attorney Lewin’s Motion to Exclude the statements made by the wife at the police station. Attorney Lewin was able to get the Assistant DA to agree that her statements at the police station were not an “excited or spontaneous utterance”. This was a huge step for the defense.

August 27, 2023

Another Domestic Assault and Battery Dismissed – Haverhill District Court

by Robert D. Lewin

In May of 2023 a criminal complaint issued against JT in Haverhill District Court for Domestic Assault & Battery against the mother of his child. The complaint alleged that the Assault and Battery occurred in August of 2021. Back in 2021 the police decided not to charge JT; however, he subsequently got into additional trouble with the law in 2023 and the case from 2021 was brought to life. Another attorney referred JT to Attorney Robert Lewin of Andover. JT retained Attorney Lewin.

The police report alleged that JT struck the mother of his child giving her a bruise under her eye. The two biggest problems that the Commonwealth had with its case were (1) the lack of any witnesses and (2) the fact that the alleged “victim” [the mother of JT’s child] was denying that JT struck her.

Attorney Lewin advised JT to get the earliest possible trial date. On July 13, 2023 JT and Attorney Lewin appeared in Haverhill District Court for a pre-trial hearing. The Court scheduled the case for trial on August 24, 2023. Attorney Lewin thoroughly prepared the case for trial and prepared JT and the mother of his child in the event it became necessary for them to testify.

August 27, 2023

Domestic Assault & Battery: Not Guilty After Jury Trial in Lawrence District Court

by Robert D. Lewin

LM, a 31 year old HVAC Tech. was charged with Assault & Battery on AB, the mother of their child. He vehemently denied the charge. On July 26, 2022 LM had his daughter for parenting time and was returning her to AB at an agreed upon return spot in Methuen (a convenient storer parking lot). On the way to the convenient store, AB texted LM and asked LM to bring the child to her home. He refused, and said the agreed spot is the parking lot of the convenient store. She was angry at his refusal. She drove to the convenient store and he arrived in the parking lot. Instead of waiting for LM to bring their daughter over to her car, AB got out of her car and ran over to LM’s van and attempted to remove their daughter from the van. LM yelled at her and a swearing match began between the two of them. He called her a “fucking bitch”. She yelled at him “Hit me, I dare you”. Finally, LM’s girlfriend who was in LM’s van got out and removed the daughter from her car seat. LM then picked his daughter up and hugged her and gave her to AB. AB had already called 911. LM saw a police officer in the convenient store and went in and got the police officer. The police officer was from Lawrence and could not do much, Within moments the Methuen Police arrived. AB told the police that LM had shoved her and pushed her. LM denied. LM was arrested and charged with Domestic Assault and Battery.

LM was assigned a public defender, but sought out a private criminal lawyer. LM met with and retained Attorney Robert Lewin from Andover. It turns out that AB had recorded the verbal exchange between herself and LM on her cell phone. It also turns out that there was a security video of the parking lot from the convenient store. The audio recording was not helpful to LM. He was loud and aggressive and swearing at AB.

Attorney Lewin listened carefully to the audio recording. And Attorney Lewin and LM studied the video together carefully. It turns out that both recordings would prove helpful to the defense at trial. On August 1, 2023 the Jury Trial began. AB testified, a Methuen Police Officer testified, LM’s girlfriend testified, and LM himself testified. Attorney Lewin had two trial preparation sessions with LM and his girlfriend and they were thoroughly prepared to testify at the trial. They did both testify and they did a great job. The trial carried over to August 2, 2023.

March 9, 2023

Another Domestic Assault & Battery Dismissed

by Robert D. Lewin

On December 2, 2022, DM, a 46 year old asylum immigrant from Uganda, was arrested by the Lowell PD for Assault and Battery on a Pregnant person (a felony) and Assault & Battery on a Household Member. DM and his girlfriend live together and got into an argument and the girlfriend alleged that he pushed her causing her to fall to the floor. She then called 911. On December 5, 2022 DM was arraigned in Lowell District Court and his case was continued to January 24, 2023 for a pre-trial hearing. DM met with and retained Attorney Robert Lewin from Andover. After reviewing all the facts and police reports in detail, and after speaking directly with DM’s girlfriend, Attorney Lewin pointed out to DM that this was a “he said she said” case if it went to trial. If DM and his girlfriend were husband and wife she would have a privilege in Massachusetts not to testify against her husband; however, they were not married and therefore she could be forced to testify against him.

When the police arrived after the 911 call, the girlfriend pulled up in her car. In the car were open containers of alcohol and she had an odor of alcohol. The police report mentioned those items but said that the girlfriend did not exhibit any signs of intoxication. The girlfriend did not want to testify and the “open containers of alcohol” in the vehicle provided her with a way to avoid testifying. If she were to testify, Attorney Lewin could and would ask her about the alcohol containers in the car. It is a crime to have an open container of alcohol in a vehicle. This gave the girlfriend a Fifth Amendment Privilege not to testify. Attorney Lewin explained that to the girlfriend.

On March 6, 2023 DM and Attorney Lewin appeared in Lowell District Court when the case was scheduled for trial. The girlfriend was also present. When the case was called Attorney Lewin informed the Judge that the girlfriend had a Fifth Amendment privilege and that she should be appointed a lawyer. The Judge appointed a lawyer to advise the girlfriend. Attorney Lewin spoke with the lawyer and gave him the paperwork showing that if the girlfriend testified she could incriminate herself. The lawyer met with the girlfriend. The case was called again and the lawyer for the girlfriend reported to the Judge that the girlfriend had a valid Fifth Amendment privilege and would exercise her privilege and not testify. The DA the reported that they could not go forward without the testimony of the girlfriend. The Judge looked at Attorney Lewin. Attorney Lewin moved for a dismissal of the case. The Judge ordered the case dismissed.