What can I do with a license? It is the burden of the Commonwealth to prove beyond a reasonable doubt that you did not have license or authority to do something when you are charged with a crime. However, under G.L. c. 278 § 7 a person relying on a…
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Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
What is Resisting Arrest? In Massachusetts, under M.G.L. c. 268, §32B, a person can be convicted of Resisting Arrest. Resisting Arrest means knowingly preventing or attempting to prevent a police officer from making an arrest by using or threatening…
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Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
Many crimes require intent for conviction. Intent means being aware of the natural and probable consequences of an action. Specific intent is a conscious act with the determination of the mind to do it according to Commonwealth v. Nickerson, 388 Mass…
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There are many different categories of assault and battery in Massachusetts. Under M.G.L. c. 265, § 13D a person who intentionally touches the person of a police officer or public employee in a way that could cause offense or bodily harm may be puni…
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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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In August 2014, Massachusetts enacted a major rewrite of how the Commonwealth handles domestic-violence cases. Governor Deval Patrick signed St. 2014, c. 260 — An Act Relative to Domestic Violence — on August 8, 2014. Parts took effect immediatel…
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