Salem - Assault & Battery - Dismissed
Our Client was serving a sentence in jail, when he was involved in a fight. The jail produced a video showing our client and two other inmates attacking a fourth inmate. The jail authorities interviewed our client, and he admitted to being involved in the attack, and that he did not personally know the inmate he was alleged to have attacked. Our client was charged with a new offense of assault & battery.
Attorney Alexander Conley represented our client. After reviewing the evidence, there was little that could be done by way of a defense. However, Attorney Conley was able to discuss the matter with the attorney of the alleged victim, who we discovered was not interested in having our client further prosecuted. However, the District Attorney's Office was still moving forward with the charges, and asking for additional committed time in jail.
Attorney Conley and our client decided to offer the alleged victim a letter of apology as part of an "accord and satisfaction" agreement. Pursuant to M.G.L. c. 276, s. 55, the Court may dismiss a criminal assault & battery charge if the alleged victim appears before the Court and indicates that he or she has received satisfaction for their injury through payment or other means. The alleged victim here agreed that he would be satisfied by our client's letter of apology.
Attorney Conley brought this proposed accord and satisfaction before the Court. The District Attorney's office objected to a dismissal, but Attorney Conley argued to the Court that our client's case should be dismissed. The Court was convinced, and the case was dismissed.
The dismissal prevented our client from facing any penalties as a result of this charge, including the additional jail time that the District Attorney's office was seeking. Criminal charges can be brought from anywhere, even when a person is already in jail. The penalties for a crime committed inside jail or outside of jail can be equally severe. That is why it is always important to contact a criminal defense attorney if you or a loved one are charged with a crime.