The criminal offense of unlawfully “carrying” a firearm, or possessing a firearm without a license outside a home or business, is punishable under Massachusetts General Laws Chapter 269, Section 10(a). This post will answer the following legal qu…
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…
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…
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…
Tags: Burden of Proof, Criminal, Disability, Dismissed, Diversion, Magistrate, Mental Health, Mental Impairment, No Record, Not Guilty, Proof Beyond a Reasonable Doubt
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…
