Charges of Assault and Battery by Means of a Dangerous Weapon Being a Gun Against Restaurant Owner Dismissed

Our client owns a restaurant in a Boston suburb. On August 29, 2022 several local thugs congregated in front of his store threatening patrons. Our client tried to get the people to leave peacefully. He then called the police to no avail. As the people became more threatening, our client retrieved his handgun from his car. On his way back into the restaurant he was struck in the head by one of the individuals several times. He defended himself by hitting the man in the head with the gun. He was then stuck from behind again, this time by another person. He sustained a large cut in his head requiring staples and surgical repair. For some inexplicable reason, our client was charged along with the others notwithstanding the fact that he was acting in self defense. The charges were assault and battery by means of a dangerous weapon, to wit a firearm in violation of G.L. c. 265 section 15A. Today, we were able to get the case dismissed.

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