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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… Read More
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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… Read More
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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… Read More
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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… Read More
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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… Read More
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Categories: Blog

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… Read More
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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… Read More
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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… Read More
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Possession of a Controlled Substance

This post will answer some frequently asked questions on the crime of possession of a controlled substance. What does the law say on the possession of a controlled substance? Section 34 of chapter 94C of the General Laws states: “No person knowingl… Read More
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Reasonable Doubt

REASONABLE DOUBT To establish proof beyond a reasonable doubt a person must, after considering all the evidence and facts of a case, have in their mind an abiding conviction, to a moral certainty, that the charge is true. Reasonable doubt is the stan… Read More
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