Case Review: Successful Defense in Domestic Assault and Battery Charge

• Steven Topazio wrote this November 27, 2023 at 4:37 pm

Introduction

Attorney Steven J. Topazio recently achieved a significant victory in a criminal case where his client was charged with Assault and Battery on a family or household member, a violation of Massachusetts General Laws Chapter 265, Section 13M. The case involved a domestic dispute between the client and his wife, which escalated to the point where the client was accused of pushing his wife to the ground. Despite the challenges posed by the initial police report, Attorney Topazio’s strategic approach and skillful defense ultimately led to his client being found not guilty after a trial.

Case Details

The client faced serious Assault and Battery charges on a family or household member based on an incident where his wife alleged that he had forcefully pushed her chest with both hands, causing her to fall to the ground. The police were called to the scene, and upon their arrival, the wife provided an account that led to the arrest of the client. The client, in his statement to the police, admitted to pushing his wife but contended that her fall was more dramatic than the situation warranted.

Despite Attorney Topazio’s attempts to negotiate a resolution outside of trial, he was unsuccessful in reaching an agreement with the prosecution. Notably, he discovered a crucial detail during his investigation—the altercation took place in the couple’s kitchen, specifically in front of the refrigerator where the client was standing.

With this information, Attorney Topazio notified the prosecutor of his intention to proceed to trial, basing his defense on the affirmative defense of self-defense.

Trial Strategy

At trial, Attorney Topazio crafted a compelling defense strategy centered on the affirmative defense of self-defense. Through meticulous cross-examination, he brought to light the circumstances surrounding the incident. The crux of the defense was established when it was revealed that the wife had attempted to open the refrigerator door into her husband. In response to this unexpected action, the client raised his hands, making contact with his wife when the refrigerator door was pushed into his back.

Attorney Topazio argued that his client’s actions were justified as he had no reasonable alternative available at that moment. The key point emphasized was that the client, faced with the sudden and unexpected opening of the refrigerator door into his back, had no other reasonable option but to raise his arms, resulting in contact with his wife. The defense contended that this reaction was a form of self-defense, as the client had no alternative means of avoiding the situation.

Outcome

The client was found not guilty. Attorney Steven J. Topazio’s strategic defense, coupled with the affirmative argument of self-defense, effectively dismantled the prosecution’s case. This outcome not only cleared the client of the charges but also underscored Attorney Topazio’s dedication to securing justice for his clients by exploring innovative legal strategies and presenting a compelling case in the courtroom.