Assault & Battery on a Household Member

March 9, 2023

Another Domestic Assault & Battery Dismissed

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.

February 17, 2023

Another Domestic Assault & Battery Win

by Robert D. Lewin

BX, an attractive 30 year old female nurse at a large Boston hospital, had a whirlwind romance with DD, a 33 year old male engineer. They had a first date in October 2022 and by Thanksgiving they were talking of marriage. They went to NY and looked at Diamond Rings at Tiffany’s. He brought her to meet his family. He went to her parents to get permission to marry her. The two planned a trip to the Caribbean where they would seal the deal. Two days before they were to leave to go on the trip they got into an argument. The argument was over his failure to get rid of body soap in the shower that belonged to one of his former girlfriends. (He just could not let go of the memories that fragrance triggered!) Well BX got very angry with him and according to the police report she hauled off and slapped him twice across the face. She then left his place. He then called off the planned engagement and went to the Caribbean by himself. When he returned, his car, which he had left parked in the street, had several new dents in it that were not there before he left. He went to the police and reported the damage to his car and the two slaps to the face. The police applied for a criminal complaint against BX for Assault & Battery on a Household Member. (The police could not charge BX with the damage to DD’s car, as there was no evidence at all that she had caused the damage.)

BX is an emergency room nurse at a major Boston Hospital. A charge of Assault & Battery would cause her problems with the Board of Registration in Nursing and with her employer. It was critical to BX that a criminal complaint not be issued against her. BX had had a previous run in with the criminal law, and had hired Attorney Robert Lewin from Andover to represent her in that prior case. Attorney Lewin was successful in defeating that prior case at a Clerk’s Hearing. Once again BX turned to and retained Attorney Robert Lewin for help.

Attorney Lewin immediately contacted the Cambridge police prosecutor and explained the details of the relationship between BX and DD. Attorney Lewin advocated with the police prosecutor for no criminal complaint to be issued against BX. Attorney Lewin obtained the police reports and reviewed them in detail with BX. Attorney Lewin fully prepared BX for the Clerk-Magistrate hearing and prepared her to testify.

July 24, 2022

Strangulation and Domestic Assault & Battery Charges DISMISSED

by Robert D. Lewin

CC, a 42 year old disc jockey, lived with his girl friend in his condo in North Andover. On February 3, 2022 CC and his girlfriend got into an argument. They each accused the other of texting romantically with other people. The girlfriend went nuts. She threw CC’s iPhone off the third floor balcony of the condo . She attacked CC. CC got out his cell phone and began to record his girlfriend which aggravated her even more. Finally the girlfriend called 911. The police arrived. She told them he had strangled her. He got arrested. The next morning he was brought to Lawrence District Court and was ordered held without bail. His lawyer at the time appealed the bail to Superior Court. In the Superior Court he was released to 24 hour lockdown at his home on GPS. Inexplicably, the lawyer originally representing CC at his arraignment and bail hearings never showed the Court the videos that CC had. The lawyer was aware of the videos and had seen them, but he never played them at either of CC’s bail hearings. Had he shown them to the Judges it is very likely that CC would never have been confined to his home for 3 months.CC searched for a new lawyer. CC contacted Attorney Robert Lewin from Andover. Because CC could not leave his house, Attorney Lewin went to CC’s condo in North Andover. CC liked what he saw in Attorney Lewin and retained Attorney Lewin.

Attorney Lewin reviewed the videos that CC had captured on his iPhone. They were terrific. The videos showed the girlfriend attacking CC and he kept telling her to stop and to leave. The videos also captured the girlfriend’s 911 call to the police in which she never says that he strangled her. In court discovery, Attorney Lewin furnished copies of the videos to the DA. The case was set down for trial on May 20, 2022. CC and Attorney Lewin had had two lengthy trial prep sessions in the week leading up to the trial. On May 20, 2022 Attorney Lewin and CC appeared at court ready for trial. Attorney Lewin informed the Judge that the girlfriend had committed several criminal offenses: Malicious Destruction of Property (smashing CC’s iPhone) and Assault & Battery (striking CC as shown on the video). The Judge appointed a lawyer to advise the girlfriend of her Fifth Amendment right not to incriminate herself. Attorney Lewin showed the court appointed lawyer the videos. Ultimately the girlfriend gave up and refused to testify. The charges against CC were dismissed; the GPS bracelet was removed; and he walked out of the Courthouse a free man.

CC and his family all gave Attorney Lewin a big hug! Trial preparation is critical to winning in criminal court.

December 28, 2021

Three Counts of Assault & Battery Dismissed

by Robert D. Lewin

MU is a 27 year old female who was living with her mother (age 62) and brother (age 25) in the family home in Andover. On February 28, 2021 the police were called to the house on the report of assaults by MU on both her mother and brother. The brother told the police that MU threw a full glass of water at him and attempted to kick him. According to the police report the Mother told the police that MU had been drinking and that MU “began kicking at her (the mother) and pulling her hair, pulling clumps of hair out of her head.” The mother also told the police that MU kicked at the Mother and the brother and also had bitten them. The policed observed the clumps of hair that had been pulled out and observed bruises and bite marks on the brother and mother. The policed arrested MU and she was charged with Assault & Battery on a person over age 60 (a felony) and two additional counts of Assault & Battery.

MU consulted with and retained Attorney Robert Lewin from Andover. MU’s version of the events was very different from the version of events given to the police by her mother and brother. It was clear to Attorney Lewin that MU had been the victim of an attack by her brother and mother. An application for a criminal complaint against the mother for assaulting MU was filed at Lawrence District Court. This “leveled the playing field”.

Attorney Lewin explained to MU that the only people who really win in criminal court are the lawyers because they are paid to be there and that it is in everyone else’s best interest to get out of criminal court as quickly and favorably as possible. Attorney Lewin explained to MU that everyone involved in this situation (MU, her mother, and her brother) had a right to remain silent and a right NOT to testify against each other. Attorney Lewin further explained that if everyone exercised their right to remain silent all the charges (against both MU and her mother) would have to be dismissed. MU said that worked for her as she had no interest in testifying against her mother and she wanted the charges against herself dismissed. Even though the brother had not been charged, he too had a right to refuse to testify against his sister as his testimony could tend to incriminate him in a crime (assault & battery on his sister). With all that in mind Attorney Lewin contacted the lawyer for the Mother and suggested that it was in MU’s best interest and the Mother’s best interest not to testify against one another. The Mother’s lawyer agreed.

August 22, 2021

DOMESTIC ASSAULT & BATTERY CHARGE DISMISSED

by Robert D. Lewin

JP is a 32 year old licensed insurance salesman for a large insurance company in Boston. It is a well paying job that requires that he be licensed by the State Department of Insurance. Any criminal offense on his record could cause him to be ineligible for state licensure and it could cause his employer to fire him. JP lives in Salem, MA with his wife and two children. JP’s mother and step-father had been living in JP’s house for two years. JP and his wife told JP’s mother and step-father that they (the mother and step-father) had to find another place to live as the house was too crowded and relations were getting strained. On May 4, 2021 a loud argument broke out between JP and his mother. The police were called to the house. In the 911 call, all that can be heard is loud yelling (in Portuguese) between a female and a male. The police arrived at the house and the yelling was still going on. The police separate everyone.

The police speak with JP’s mother who says that JP “grabbed both the left and right collars of her jacket and pulled her forward in a violent motion”. She also tells the police that “she then slapped JP back across the face in self-defense”. The police then speak to JP. At first JP told the police that he and his mother had had an argument when his mother slapped him across the face for no reason. When asked, JP denied touching his mother. The police then told JP that his mother had told them that she had slapped JP in self-defense after he had pushed her. According to the police report “JP then immediately related that he was slapped in the face first and then pushed her in defense.” The police mad a determination that JP was “the dominant aggressor” and the police placed JP under arrest for Domestic Assault & Battery”.

JP was arraigned in Salem District Court the next day and his case was continued for a pre-trial hearing to July 19, 2021. JP sought out a lawyer. JP spoke (via zoom) with Attorney Robert Lewin from Andover and JP hired Attorney Lewin to represent him. JP explained to Attorney Lewin that his application for re-licensure had to be submitted in September and that he had to get the case favorably resolved by that time.

September 4, 2019

ASSAULT & BATTERY ON GIRLFRIEND CHARGE DISMISSED

by Robert D. Lewin

KC is a 39 year old director of IT for a high tech company. He is married with two young children. For about two years KC was having an affair with a 26 year old teacher at the day care center where his children go every day. On Saturday, April 6, 2019 KC told his wife he was going out to a birthday party for a fellow employee. That part was true; what he didn’t tell his wife is that he was meeting his girlfriend after the party. At about 10:00 pm that night KC left the birthday party and went to a local bar in Danvers where he met up with his girlfriend. She had been drinking and she continued to drink. Sometime shortly after midnight KC and the girlfriend left the bar and got into KC’s car. They began to argue and she told him “You are never going to leave your wife.” At that point the girlfriend went crazy and began to punch and hit and scratch KC. KC put his arms up to block the girlfriend’s punches and in the process her nose was struck and began to bleed. She then got out of the car and walked across the street to a fire station where she told the firemen that her boyfriend had beat her up. He left and drove home. Within minutes the police were at his door and KC got arrested for a domestic assault and battery on his girlfriend. Fortunately KC had the presence of mind and the smarts to take pictures of himself and all the scratches that he had on his face and neck from his girlfriend. Unfortunately for KC, his wife was there when the police came and arrested him for assault and battery on his girlfriend. As he was being led off by the police she told him don’t bother coming back home.

KC went to Court the following Monday and was arraigned. He was ordered to have no contact with the girlfriend and to stay away from her. He went to live with a brother.

KC met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin could see right away that she had been the aggressor in this case and that he had acted only in self-defense. Then the phone calls, the texts, and the emails began. The girlfriend was trying to contact KC at least 25 to 30 times each day. As instructed by Attorney Lewin, KC saved every text, email, and voice message that she left. In her texts she threatened him if he did not get back to her. Then the girlfriend contacted KC’s wife (in person, directly) and asked her what was going on with her marriage to KC. KC’s wife told the girlfriend he’s all yours if you want him.

August 29, 2019

ANOTHER DOMESTIC ASSAULT AND BATTERY DISMISSED

by Robert D. Lewin

On March 30, 2019 SS, a 30 year old landscaper from Haverhill and his live in girlfriend got into an argument. They had both been drinking and the argument got heated. They live in an apartment building. A neighbor heard the argument and then heard a banging sound and the sound of a body being banged against the wall and then dropping to the floor. The neighbor then heard SS yell “Is this what you f—ing want?”. The neighbor called 911 and the Haverhill Police responded. The girlfriend told the police that SS had slammed her to the ground causing her whole body to hurt. SS told the police that she had attacked him and he simply put his hands up and pushed her away to avoid getting hit by her.

SS had an initial consultation with and hired Attorney Robert Lewin from North Andover. At first SS wanted to work out a plea bargain in the case. Attorney Lewin told SS that his case was a triable case. SS then changed his mind and told Attorney Lewin that he wanted to fight the case. On April 22, 2019 the Haverhill District Court set a trial date of July 9, 2019.

Attorney Lewin met with the girlfriend. Because SS and the girlfriend were not married she did not have a “spousal privilege” which would allow her to refuse to testify. Because there was evidence that the girlfriend had attacked SS the girlfriend did have a Fifth Amendment privilege which would permit her to refuse to testify in the case. The girlfriend told Attorney Lewin that she wished to exercise her Fifth Amendment privilege.

February 15, 2019

Assault & Battery Charge Dismissed at Clerk-Magistrate Hearing in Haverhill District Court

by Robert D. Lewin

For many years a feud had simmered between two brothers. The older brother is age 60 and the younger brother is age 38. On Saturday, January 26, 2019 the younger brother was helping another brother (this is a very large family) move out of a three family house owned by the older brother in Haverhill. The older brother had ordered the younger brother not to come onto the property. The younger brother ignored the order and was in the house helping the other brother move. During the moving process the hardwood floors got scratched, a wall got dented, and an exterior door frame got damaged. The older brother confronted the younger brother and the two brothers got face to face in the presence of about 4 witnesses. The younger brother reported to the Haverhill Police that the older brother then punched the younger brother in the face twice before the two men were separated by the witnesses who were present. According to the police reports the younger brother had visible cuts on his face from the punches.

The Haverhill Police filed an application for a criminal complaint for Assault & Battery against EJ, the older brother. EJ has a job working in a public school system and an assault & battery charge could have drastic consequences for his continued employment and his pension. EJ sought out an attorney. EJ contacted and met with Attorney Robert Lewin from North Andover. Attorney Lewin also met with EJ’s wife; she was present when this happened. Attorney Lewin fully prepared EJ and his wife for the Clerk-Magistrate Hearing.

On February 13, 2019 EJ and his wife and Attorney Lewin appeared in Haverhill District Court for the Clerk-Magistrate Hearing. The police prosecutor read the police report to the Clerk-Magistrate. The report clearly stated that EJ punched his brother twice in the face in the presence of four witnesses causing cuts to the face. The legal test for a Clerk-Magistrate is probable cause; if the Clerk-Magistrate determines that there is some credible evidence that the crime occurred then the Clerk-Magistrate may issue the criminal complaint. The Clerk-Magistrate does not determine if the accused is guilty or not guilty, but merely is there some credible evidence that the crime occurred. It is a very low threshold. EJ and his wife testified that EJ had not punched his brother. In addition Attorney Lewin presented photos at the hearing of the damage that the younger brother had caused to the property. Attorney Lewin also presented photos of EJ; the photos showed bruises on EJ where he had been grabbed by his younger brother.

December 3, 2018

Domestic Assault & Battery Case Dismissed in Lawrence District Court

by Robert D. Lewin

On February 15, 2018, LT, a 55 year old woman from North Andover went to her daughter’s home (also in North Andover) and got into an argument with her 22 year old daughter. The daughter was holding her 1 year old baby and, according to the North Andover Police report, LT “punched [the daughter] on the right side of her face with a closed fist while she was still holding the baby”. The police left the daughter’s home and went to LT’s home and then spoke with LT. LT denied punching her daughter but did admit to pushing her daughter. LT claimed that her daughter had pushed her and had caused a bruise on LT’s face. The police arrested LT.

The next day, February 16, 2018 LT was arraigned in Lawrence District Court. She was ordered released on personal recognizance and her case was continued to April 26, 2018 for a pre-trial hearing. LT met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin explained to LT that the District Attorney’s Office would not simply dismiss the case because LT was a nice lady with no record. Attorney Lewin met with the Assistant District Attorney and explored the possibility of a general continuance of the case. A general continuance is where the parties agree to simply continue the case for a period of time and at the end of the period of time if there have been no further problems the case gets dismissed. With a general continuance there is no admission of guilt or wrongdoing; it is NOT a plea bargain as there is no guilty plea.

On April 26, 2o18 the case was called in Court for a pre-trial hearing. The DA’s Office was unwilling to commit to a general continuance. The case was then continued for a trial by jury to May 30, 2018.

December 3, 2018

Domestic Assault & Battery Case Dismissed in Lowell District Court

by Robert D. Lewin

On Saturday, October 6, 2018, ST, a 54 year old father of two children was at his home in Chelmsford. ST and his 17 year old son got into an argument and the son claimed that his father had grabbed the son by the throat. ST’s daughter called 911 and the police came to the house and arrested ST. ST’s wife was present as well. On Sunday, ST contacted Attorney Robert Lewin from North Andover. After speaking with Attorney Lewin ST retained Attorney Lewin. On Tuesday, October 9, 2018 ST and Attorney Lewin appeared in Lowell District Court for ST’s arraignment. Attorney Lewin secured ST’s release on personal recognizance and the case was continued to November 8, 2018 for a pre-trial hearing. Attorney Lewin spoke with ST’s wife and son. Attorney Lewin was able to obtain written statements from ST’s wife that ST’s son had actually struck ST prior to ST’s pushing the son away. In addition ST’s son signed a statement saying that he (the son) had touched the father first.

Attorney Lewin explained to ST that the DA’s Office would not agree to dismiss the case at the pre-trial hearing but that the case would have to be set down for trial. Attorney Lewin provided the written statements by the wife and son to the District Attorney. On November 8, 2018 ST and Attorney Lewin appeared at Lowell District Court for the pre-trial hearing. The DA offered a general continuance of the case coupled with a dismissal. A general continuance is where the case is continued to another date (typically 6 months) and at the end of that period of time the case gets dismissed. A general continuance is typically a good result because there is no admission of guilt and there is no finding of guilt. It is a dismissal that takes a little time to get there. Attorney Lewin (and ST) felt strongly that the case could be outright won if taken to trial. ST turned down the offer of a general continuance and the case was set down for trial on December 3, 2018.

On Monday, December 3, 2018 ST and Attorney Lewin appeared in Lowell District Court in the Trial Session. The case was called and Attorney Lewin answered that the Defense was present and ready for trial. The DA stood up and said that they were not ready. Attorney Lewin moved that the case be dismissed. The Judge presiding in the Courtroom granted Attorney Lewin’s Motion and ordered the case dismissed.