Case Result: Freedom Won Through Relentless Scrutiny: How a Deep Dive Unraveled Felony Assault Charges

Jurisdiction: Middlesex Superior Court (Woburn)

Date: November 2024

Case Background:

While away on a business trip, our client (MV) received a notice that a felony warrant had issued for his arrest in connection with an incident occurring in Peabody. When he arrived home, he was taken into custody. At court, the prosecutor argued that MV was a danger to the community and should be held in jail until trial. This is where our work began.

The charges were serious. MV went out for drinks with a group of friends. RS, who our client knew only from online gaming, joined. After the bar, what started out as horseplay escalated into a violent brawl in which RS suffered serious injuries including a crushed orbital socket, a broken jaw, and broken ribs. Photographs and medical records combined to paint a gruesome portrait of the injuries. MV was charged with assault and battery by means of a dangerous weapon and mayhem. He faced up to 35 years in prison if convicted.

A Deep Dive Uncovers the Truth:

At the detention hearing, we were able to convince the court that MV deserved to be released on bail, denying the prosecutor’s efforts to lock him up pretrial. When our clients are free, time is on our side.

We used that time to take a deep dive into the facts of the case and RS’ credibility. First, MV told us he had left before the incident escalated. By cross-checking his Lyft records, we were able to confirm this was true. This created a powerful alibi which put the government’s entire timeline into question.

Next, by conducting a full investigation into RS’ character and history, we were able to gather facts which called his account into question. First, we were able to pull records which exposed RS’ history of filing baseless lawsuits and money demands. This allowed us to argue that his allegation was nothing but another effort to secure an unjustified payday.

Next, we uncovered evidence of two past incidents where RS was shown to engage in unprovoked violence. In one incident, we secured video of him taunting an innocent pedestrian from his car, sneaking up behind him, and knocking him down. We learned of another incident where he crashed a frat party and smashed a beer bottle over a student’s head. Despite what he wanted the government to believe, RS was no victim.

Finally, we questioned whether RS could even properly identify our client as one of the perpetrators of the assault. We obtained a recording of his own mother describing him as extremely intoxicated. And because this was the first time RS had ever seen MV in person, we challenged his ability to identify him in court.

As litigation continued, the prosecutor could do little more than watch as the case unraveled before his eyes. As the case neared its trial date, RS admitted that he could not properly identify MV and, even if he could, he would invoke his right not to incriminate himself rather than face our cross-examination at trial. As a result, the case was dismissed.

This case shows a truly relentless defense in action. While many lawyers wonder: why would their client be charged if he did nothing wrong, we never assume the truth of the government’s allegations. Instead, we question all facts and subject them to deep scrutiny. By doing so, we inevitably uncover the flaws in the government’s story. That is what we did here. By conducting an exhaustive investigation, we dismantled the credibility of a problematic complainant and proved our client’s innocence without a trial. At Erkan & Sullivan, we fight for our clients with precision, strategy, and unwavering resolve, delivering unparalleled results for them.