» Bill Barabino

Duress in Massachusetts:…

Duress in Massachusetts: How the Defense Works Under Instruction 9.230

Massachusetts criminal law recognizes that free will is essential to the commission of a criminal act
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Animal Cruelty in Massach…

Animal Cruelty in Massachusetts: What G.L. c. 272, § 77 Covers, What the Commonwealth Must Prove, and the Penalties

Someone called animal control. Or a neighbor called the police. Or a pet died, got hurt, or was taken from your home, and now an officer wants to talk. An animal cruelty charge in Massachusetts is serious. I’ll walk you through what the Massachuset…
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Legal Inferences

Legal Inferences

What is an inference? A permissible deduction accepted as believable is an inference. In other words, inferences are little steps in reasoning in which a person takes some known information, applies his or her experience in life to it, and then draws…
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Disturbing the Peace

Disturbing the Peace

Disturbing the peace is a crime in Massachusetts under G.L. c. 272, § 53(b). It is one of the most common charges after a loud argument, a late-night party, or a scene outside a bar. A first offense carries only a fine. A second offense can mean…
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Disorderly Conduct &…

Disorderly Conduct & Disturbing the Peace in Massachusetts (G.L. c. 272, § 53(b))

Disorderly conduct and disturbing the peace are two of the most common charges in Massachusetts District Court, and two of the most misunderstood. They share one sentence of the statute, G.L. c. 272, § 53(b), and one penalty: a fine of up to $15…
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Criminal Harassment in Ma…

Criminal Harassment in Massachusetts: Elements, Penalties, and How It Differs from Stalking

Criminal harassment is a Massachusetts crime built around a pattern of conduct aimed at one person — not a single rude message or one heated argument. Under G.L. c. 265, § 43A, the Commonwealth must prove a series of willful and malicious acts tha…
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Criminal Intent in Massac…

Criminal Intent in Massachusetts: Specific Intent, General Intent, Knowledge, and Recklessness

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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Assault and Battery in Ma…

Assault and Battery in Massachusetts (G.L. c. 265, § 13A): Penalties & Defenses

Assault and battery is one of the most common criminal charges in Massachusetts, and one of the broadest. It does not require an injury or even a punch. Any touching, however slight, can be enough if it was intentional and either harmful or unwanted.…
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