Posts

Carrying a Firearm in Mas…

Carrying a Firearm in Massachusetts: Charges and Defenses

Being charged with carrying a firearm without a license in Massachusetts is not the same as being charged with unlawful possession. “Carrying” under G.L. c. 269, § 10(a) generally focuses on knowingly having a firearm — or, in related clauses,…
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Possession of a Firearm

Possession of a Firearm

This post will answer some frequently asked questions about possession of a firearm. What does the government need to show to prove a person illegally possessed a firearm? In order to prove that a defendant unlawfully possessed a firearm, the Commonw…
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Categories: Blog
Intoxication With Alcohol…

Intoxication With Alcohol or Drugs

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…
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Defense of Property

Defense of Property

What does it mean to defend property? In Massachusetts, the law permits you defend your property against someone who has no right to it, as long as you use reasonable but not deadly force. According to one case, Commonwealth v. Lindsey, 396 Mass. 840…
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Defense of Another

Defense of Another

Commonwealth v. Johnson, 412 Mass. 368 makes defending another a criminal defense. Indeed, a person can be found not guilty if they came to the aid of another person using reasonable force. This post will answer some frequently asked questions about…
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Self-Defense

Self-Defense

In Massachusetts the law lets you defend yourself from an aggressor using reasonable force, based on the circumstances. In one case, Commonwealth v. Clemente, 452 Mass. 295, the court said that a defendant can highlight an aggressor’s history of vi…
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Accident Defense

Accident Defense

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…
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Categories: Blog
Parental Discipline

Parental Discipline

This post will answer some frequently asked questions about parental discipline and the law. As a parent am I allowed to physically discipline my child? Parents have a right to act reasonably when disciplining their children. So, even if a parent phy…
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Mental Impairment Short o…

Mental Impairment Short of Insanity

This post will answer the following legal questions on the legal defense of mental impairment short of insanity. What is mental impairment short of insanity? Sometimes individuals are so impaired when they commit a crime that they are legally conside…
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Criminal Responsibility

Criminal Responsibility

This post will answer some frequently asked questions about criminal responsibility. What is an insanity defense? “Insanity” does not necessarily mean the defendant is “crazy” or “mad”. “Insanity defense” is a shorthand term that a de…
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