Continuance Without a Finding For Engineer Charged With Several Counts of Assault and Battery on a Child With Substantial Injury

Our client is a computer software engineer with several degrees for nationally recognized universities. In the summer of 2022 his only child, just two months old exhibited severe respiratory issues. The man and his wife contacted local EMT’s who immediately took the child to the hospital. The emergency physicians at the hospital noted significant life threatening injuries to the child who was ordered airlifted to a more suitable hospital. The child was diagnosed with a skull fracture, intracranial hemorrhage, retinal hemorrhage, retinoschisis, bruising, metaphyseal lesions and more. An expert pediatric physician formed the opinion that the child had been injured by his parents in a deliberate manner. As a consequence, the district attorney’s office was contacted and an investigation began. Ultimately, our client and his wife were charged with 2 counts of assault and battery on a child with substantial injury under G.L. c. 265 section 13J and 2 counts assault and battery on a child with injury under the same statute. Collateral proceedings through DCF and the juvenile court ensued. The child was initially removed from the parents’ home until those proceedings could be resolved. In the meantime, the criminal case took hold. Charges against the mother were ultimately dismissed. After two and a half years of litigation in the juvenile court and the probate court the defendants were reunited with their child. This was entirely due to excellent lawyering by attorneys who specialized in those areas. Their efforts significantly contributed to the success of our office in this case which was a two year continuance without a finding on all counts. In two years, provided our client successfully completes his probation the case will be dismissed. 

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