In Massachusetts and elsewhere it is illegal to operate a motor vehicle while under the influence of intoxicating liquor. Under M.G.L. c. 90, § 24, a person who operates a motor vehicle in a public area while under the influence may be found guilty.…

Police found a gun on you, in your bag, or in a car you were in, away from your home or business, and you don’t have a Massachusetts license to carry. That is the charge under G.L. c. 269, § 10(a), still widely called “carrying a firearm.” It…

Police found a gun, a rifle, or ammunition in your home or business, and you don’t have the license Massachusetts requires. That is the charge under G.L. c. 269, § 10(h): unlawful possession of a firearm or ammunition. It is not the same as the ca…

While intoxication is never by itself an excuse or justification for a crime, it may be a relevant consideration in a case involving criminal charges. It is normally not a defense for intent, but according to Commonwealth v. Sama, 411 Mass. 293, may…

Massachusetts law lets you use reasonable force to protect your property from theft, destruction, or trespass, but never deadly force. If you used force to keep your property, get it back, or remove a trespasser, and the force was reasonable and not…

Massachusetts law lets you use force to protect someone else, not just yourself. If you stepped in to help a person who appeared to be under attack, and a reasonable person in your position would have done the same, you are not guilty. Like self-defe…

Self-defense is a complete defense in Massachusetts. If you used force because you were attacked or about to be attacked, and you stayed within the limits the law sets, you are not guilty. You do not have to prove you acted in self-defense. Once the…

This post will answer some frequently asked questions on the legal defense of accident. What is an accident? The Commonwealth of Massachusetts defines an accident as an unexpected happening that occurs without intention or design on the defendant’s…