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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.…

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,…

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…

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…

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…

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…

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…

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…