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…
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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 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 is charged under G.L. c. 267, § 1. Using a forged document, which the law calls “uttering,” is a separate crime under § 5. Both are felonies. District Court Instructions 8.160 and 8.240 set out what the…
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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 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” is the everyday word. In court, the charge is usually willful and malicious, or wanton, destruction of property under G.L. c. 266, § 127. The two versions require different mental states and carry different penalties. Dis…
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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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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 causing serious bodily injury is an aggravated form of assault and battery under Massachusetts law...
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