LICENSE OR AUTHORITY
Occasionally, when a defense is asserted on behalf of a defendant, the defense is license or authority. For example, a police officer acting in good faith may arrest a person because they are carrying or possessing a firearm.…
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
BURNING INSURED PROPERTY
This post will answer the following questions on the crime of burning insured property in order to defraud its insurer:
What does Commonwealth law say on the crime of burning insured property?
What does the Commonwealth have…
Tags: Arraignment, Arrest, Arson, Assault and Battery, Bill Barabino, Burden of Proof, Criminal, Defenses, Dismissal, Dismissed, Diversion, Felony, Proof Beyond a Reasonable Doubt, Specific Intent, Unlawful Burning
This post will answer the following legal questions on the offense of resisting arrest:
What does Commonwealth law say on “resisting arrest”?
How does the Commonwealth prove a defendant guilty of the offense of resisting arres…
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
This post will answer the following questions on the legal concept of intent:
Legally speaking, what does it mean to have the necessary intent to commit a crime?
How do jurors determine a defendant’s intent?
What is specific intent?
ASSAULT AND BATTERY ON A POLICE OFFICER OR PUBLIC EMPLOYEE
This post will answer the following legal questions about assault and battery on a police officer or public employee:
What is assault and battery?
What must the Commonwealth prove in order t…
ASSAULT AND BATTERY CAUSING SERIOUS BODILY INJURY
This post will answer the following legal questions on assault and battery causing serious injury:
What is assault and battery causing serious injury?
How does the Commonwealth prove an intentional…
MASSACHUSETTS DOMESTIC VIOLENCE LAWS
On August 8th, Governor Patrick signed a new law. The new law makes changes to existing domestic violence statutes. The law includes several new initiatives and changes:
1. Amending the criminal statutes to i…