Entrapment in Massachuset…

Entrapment in Massachusetts: How the Defense Works Under Instruction 9.140

Entrapment is a defense, not a charge. It applies when the police, or someone working for them, pushed a person into a crime that person would not otherwise have committed. Police are allowed to set traps and run undercover operations. They are not a…
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Larceny by Stealing in Ma…

Larceny by Stealing in Massachusetts (G.L. c. 266, § 30): Elements, Penalties, and Defenses

Larceny is the Massachusetts word for theft. Under G.L. c. 266, § 30, it covers three kinds of conduct: stealing, getting property by a false pretense, and embezzlement. This post covers the first and most common kind, larceny by stealing. Wheth…
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Forgery in Massachusetts:…

Forgery in Massachusetts: What the Law Covers, What the Commonwealth Must Prove, and the Penalties

Maybe you signed someone else’s name. Maybe a number on a document was changed, or you handed over something that turned out to be fake. Now the police are asking questions, or you have a court date for forgery. It is a frightening charge, and it s…
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Alibi Defense

Alibi Defense

This post will answer some frequently asked questions on the legal defense of alibi. What is alibi evidence? Testimony suggesting that the defendant was not present at the place and time when the offense charged in the complaint is alleged to have oc…
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Breaking and Entering in…

Breaking and Entering in Massachusetts (G.L. c. 266, § 16): Elements, Penalties, and Defenses

Breaking and entering at night with intent to commit a felony is charged under G.L. c. 266, § 16. It is a felony punishable by up to 20 years in state prison. The same post also covers the two lesser versions a jury can consider: breaking and en…
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Vandalism in Massachusett…

Vandalism in Massachusetts: Malicious Destruction of Property

In Massachusetts, “vandalism” and “malicious destruction of property” are everyday labels for charges that punish painting, marking, injuring, or destroying someone else’s property. Two statutes do most of the work: G.L. c. 266, § 126A (of…
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Drug Paraphernalia in Mas…

Drug Paraphernalia in Massachusetts (G.L. c. 94C, § 32I): Penalties & Defenses

A drug paraphernalia charge in Massachusetts is narrower than most people think. The main statute, G.L. c. 94C, § 32I, does not make it a crime to own a pipe, a scale, or rolling papers for your own use. It targets selling paraphernalia, or poss…
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Assault and Battery on a…

Assault and Battery on a Police Officer or Public Employee in Massachusetts: What G.L. c. 265, § 13D Covers, What the Commonwealth Must Prove, and the Penalties

You’ve been charged with assault and battery on a police officer or another public employee, or someone in your family has. Maybe it happened during an arrest, a traffic stop, or a tense moment with a city worker. This charge carries a minimum jail…
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Assault and Battery Causi…

Assault and Battery Causing Serious Bodily Injury in Massachusetts (G.L. c. 265, § 13A(b)): Penalties & Defenses

Assault and battery causing serious bodily injury is an aggravated form of assault and battery under Massachusetts law...
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Assault and Battery in Ma…

Assault and Battery in Massachusetts (G.L. c. 265, § 13A): Penalties & Defenses

Assault and battery is one of the most common criminal charges in Massachusetts, and one of the broadest. It does not require an injury or even a punch. Any touching, however slight, can be enough if it was intentional and either harmful or unwanted.…
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