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Charges of Assault and Battery Against Engineer do Not Issue After Clerk Magistrate’s Hearing
Our client is an engineer who recently graduated from college. He was at an outdoor bar and got into an argument with another patron, someone whom he had met at a party. The other patron claimed that our client hit him in the back of the head. He went to the police department and ultimately the clerk’s office to file an application for a criminal complaint charging assault and battery under G.L. c. 265 section 13A. We convinced the clerk not to issue the complaint after demonstrating that the victim was applying for charges as a preemptive measure believing our client would do the same.
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