Allegations of Assault and Battery and Strangulation Dismissed After Clerk Magistrate Hearing

Our client is a twenty year old college junior. On December 10, 2016 she and her roommates threw a party for friends with whom they went to school. Sometime during the evening several uninvited guests arrived. These people were rude, intoxicated and violent towards our client and her guests. Accordingly, they were asked to leave. A young woman was insulted by the request and struck our client in the head with a tequila bottle. Our client was bloodied and required hospitalization. The police investigated and charged the assailant with assault and battery by means of a dangerous weapon. Weeks later, in an attempt to neutralize our client, this woman filed an application for a cross complaint charging two counts of assault and battery, G.L. c. 265 Section 13A and strangulation, G.L. c. 265 Section 15D. Attorney Neyman was immediately hired. Our client refused to back down from the efforts to neutralize her and refused to enter into a mutual exercise of 5th Amendment privileges. Instead, she opted to fight the allegations. We respected that decision and defended a contentious clerk magistrate hearing. The assistant clerk magistrate ruled in our favor and did not issue the complaint. The case was dismissed.

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