» Bill Barabino

Duress Defense

September 29th, 2018
Posted By
William Barabino
What is duress? In some legal situations, duress may excuse a person’s committing of what otherwise would be a criminal offense. Duress is a form of coercion. It is constraint illegally exercised to force someone to perform an act. Massachusetts’… Read More
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Categories: Blog
Tags: Arraignment, Bill Barabino, Criminal, Defenses, Duress, Felony, Immigration Consequences, Indecent Assault, Misdemeanor

Animal Cruelty

August 6th, 2018
Posted By
William Barabino
What is animal cruelty? Under Massachusetts General Laws Chapter 272, Section 77 it is illegal to treat an animal with cruelty. Cruelty means inflicting severe or unnecessary pain upon an animal without any justifiable cause. The maximum penalty is s… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Cruelty to Animals, Defenses, Dismissal

Legal Inferences

July 27th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Bill Barabino, Circumstantial Evidence, Dismissal, Dismissed, Felony, General Evidence, Inferences, Prior to Charge, Specific Intent, Testimonial Evidence

Disturbing the Peace

July 24th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent

Disorderly Conduct

July 20th, 2018
Posted By
William Barabino
What is disorderly conduct? Disorderly Conduct, violent or tumultuous public behavior that causes inconvenience, annoyance, or alarm, is punishable in Massachusetts. Under M.G.L. c. 272, § 53 a first offensive could result in a fine of up to $150. A… Read More
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Categories: Blog
Tags: Bill Barabino, Burden of Proof, Defenses, Dismissed, Disorderly Conduct, Diversion, Felonies, Fine and Fee, Misdemeanor, Prior to Charge

Criminal Harassment

July 20th, 2018
Posted By
William Barabino
What is criminal harassment? Harassment can be a crime in Massachusetts and may result in a Harassment Prevention Order being issued. Under Massachusetts General Laws Chapter 265, Section 43A a person who engages in a knowing pattern of conduct or sp… Read More
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Categories: Blog
Tags: Bill Barabino, Burden of Proof, Criminal, Criminal Harassment, Defenses, Felony, Harassing Speech, Misdemeanor, Pattern of Conduct, Protected Speech, Susbstantial Emotional Distress, Wanton Conduct, Willfully and Maliciously

Criminal Intent Explained

July 20th, 2018
Posted By
William Barabino
What is criminal intent? 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 Commonweal… Read More
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Categories: Blog
Tags: Assault and Battery, Bill Barabino, Burden of Proof, Criminal, General Intent, Immigration Consequences, Intent, Reckless Conduct, Specific Intent, Wanton Conduct

Assault and Battery

July 11th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Ambulance Attendant, Assault & Battery, Bill Barabino, Bodily Injury, Defense Lawyer, Indecent Assault, jail, Over 14