Felony Charge of Assault & Battery on a Person Over 60 avoided at Clerk-Magistrate Hearing

NT, a 28 year old woman with anger issues, got into an argument with her next door neighbor – a retired cop. The argument arose when the neighbor’s dogs came onto NT’s property. The neighbor came over to get the dogs and NT got in his face and began to yell at him. As the neighbor turned to leave NT yelled at him “You come back here”. According to the police report the neighbor stated “he turned back around and that was when NT spit up a loogie and spit it at the neighbor striking his chest”. (You can’t make this stuff up!)

The neighbor called the police and the  police responded. The police talked to the neighbor and to NT’s father. The father told the police that NT had anger issues. The police then applied for a  criminal complaint against NT for Assault and Battery on a Person Over 60 – a felony. NT has a good job and having a record for a felony charge could have very serious consequences for her employment. NT received a notice from Woburn District Court informing her that a Hearing before a Clerk-Magistrate had been set for November 6, 2019.

NT met with and retained Attorney Robert Lewin from North Andover. Attorney Lewin immediately obtained copies of the police reports. Attorney Lewin then called the Police Prosecutor and sent an email to the police prosecutor detailing how detrimental it would be for NT to be charged with a felony. Attorney Lewin suggested to the Police Prosecutor that this would be a good case to resolve at the Clerk-Magistrate Hearing without a complaint being issued against NT. The prosecutor agreed with Attorney Lewin.

On November 6, 2019 Attorney Lewin and NT and NTs’ father appeared at  Woburn District Court for the hearing. Attorney Lewin suggested to the Assistant Clerk-Magistrate that this was a good case to resolve at the hearing without a criminal complaint being issued against NT. The police prosecutor agreed. The Clerk-Magistrate then continued the hearing for 6 months to May 6, 2020 and ordered that if NT stayed out of trouble then on May 6, 2020 no one had to return to Court and no criminal complaint would be issued against NT.

Attorney Lewin explained to NT that as a result of this disposition the following applied:

  • NT was NOT arrested.
  • NT was NOT charged with a crime.
  • NO criminal complaint was issued against NT.
  • NT does NOT have to return to Court.
  • NO criminal record was created as a result of this.

NT was thrilled with the result and gave Attorney Lewin a big smile as they left the Courthouse. Attorney Lewin told NT to keep her temper in check and to get some anger management counseling.