Pre-Arraignment Diversion for College Student Charged With Assault and Battery on a Police Officer and Breaking and Entering With the Intent to Commit a Felony

Our client is a college student. In October of last year he took some psychedelic mushrooms with one of his roommates. The drugs made him violent and the roommate called the police. Shortly thereafter, neighbors called the police as well when they saw the man climbing a building and entering two apartments through the windows. When the police arrived they made contact with the suspect who in turn became violent towards the police officers. He began kicking and spitting on them. Detecting drug intoxication, the police took our client to the hospital where it was confirmed that he was having a bad reaction to the drugs. He was summonsed to court and charged with two counts of assault and battery on a police officer under G.L. c. 265 section 13D and two counts of breaking and entering with the intent to commit a felony, a felony pursuant to G.L. c. 266 section 16. Attorney Neyman moved to continue the arraignment on two occasions. During that time, the defendant went to drug counseling, paid restitution to the victims and prepared letters of apology to the police officers. We told our client to take the remedial measures in hopes that pre-arraignment diversion under G.L. c. 276A would be agreed to by the district attorney’s office. Today, all charges were diverted prior to arraignment.

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