Massachusetts criminal law recognizes that free will is essential to the commission of a criminal act
Read More
Tags: abusive relationship duress, Arraignment, Bill Barabino, coercion criminal defense, Criminal, Defenses, Duress, duress defense Massachusetts, Felony, Immigration Consequences, imminent threat, Indecent Assault, Misdemeanor, necessity vs duress
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
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
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
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
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
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
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
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…
Read More
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
