What is knowledge in criminal law? A perception of the facts required for a crime is knowledge in criminal law. It is the burden of the Commonwealth to prove beyond a reasonable doubt that at the time of the offense the defendant knew something. This…
Read More
Driving after the Registry of Motor Vehicles (RMV) or a court has taken away your license — or your right to operate — is a separate criminal offense in Massachusetts. It is commonly called operating after suspension or revocation, and it is char…
Read More
Shoplifting is a specific criminal offense under Massachusetts law. G.L. c. 266, § 30A covers a range of intentional acts involving retail merchandise—taking it, concealing it, switching price tags or containers, under-ringing the price, or removi…
Read More
Tags: Arraignment, concealing merchandise, Dismissal, Dismissed, Diversion, G.L. c. 266 § 30A, General Intent, Immigration Consequences, Magistrate, penalty, price tag switching, Registry of Motor Vehicles, retail theft, Self Defense, Self Defense of Another, Self Defense of Property, Shoplifting, shoplifting Massachusetts, Stealing, Wanton Conduct
Being charged with indecent exposure can feel humiliating, especially when the label does not match what actually happened. Many people accused of this offense in Massachusetts are not doing anything sexual at all. A common example is someone who uri…
Read More
You’ve been charged with making harassing or obscene phone calls, or someone in your family has. The charge may be about calls, texts, emails, or social media messages. It’s a lot to take in, and you probably want to know what the law actually sa…
Read More
Disturbing the peace is a crime in Massachusetts under G.L. c. 272, § 53(b). It is one of the most common charges after a loud argument, a late-night party, or a scene outside a bar. A first offense carries only a fine. A second offense can mean…
Read More
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
Resisting arrest is a crime in Massachusetts under G.L. c. 268, § 32B. The charge covers two kinds of conduct: using or threatening force against an officer, or doing something that creates a substantial risk of bodily injury. Simply pulling awa…
Read More
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
Disorderly conduct and disturbing the peace are two of the most common charges in Massachusetts District Court, and two of the most misunderstood. They share one sentence of the statute, G.L. c. 272, § 53(b), and one penalty: a fine of up to $15…
Read More
Criminal harassment is a Massachusetts crime built around a pattern of conduct aimed at one person — not a single rude message or one heated argument. Under G.L. c. 265, § 43A, the Commonwealth must prove a series of willful and malicious acts tha…
Read More
Tags: Bill Barabino, Burden of Proof, Criminal, Criminal Harassment, Defenses, Felony, Harassing Speech, Misdemeanor, Pattern of Conduct, Protected Speech, Susbstantial Emotional Distress, Wanton Conduct, Willfully and Maliciously
Most crimes require proof of a guilty state of mind, not just a guilty act. In Massachusetts, the jury instructions describe several mental states. Specific intent means acting with a purpose. General intent means acting deliberately, not by accident…
Read More
