» Bill Barabino

Duress Defense in Massach…

Duress Defense in Massachusetts Criminal Cases | Coercion as Excuse

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

What is disturbing the peace? Disturbing the Peace is a crime punishable in Massachusetts under M.G.L. c. 272, § 53. A first offensive could result in a fine of up to $150. A subsequent offense could lead to jail time of up to six months and/or a fi…
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Disorderly Conduct and Di…

Disorderly Conduct and Disturbing the Peace in Massachusetts: What G.L. c. 272, § 53(b) Says, the Penalties, and How a Case Moves

Maybe it was a loud argument outside a bar. Maybe it was a scene at a game, a party, or a store. A police officer wrote something down, and now you have a notice, a summons, or a court date. The paper says “disorderly conduct” or “disturbing th…
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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 Explained

Criminal Intent Explained

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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Assault and Battery

Assault and Battery

Under Massachusetts General Laws Chapter 265, Section 13A the crime of Assault and Battery is defined. Assault and Battery is the intentional or reckless touching of another in a way that is either likely to cause bodily harm or is offensive. This po…
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