» Defenses

What a Jury Sees in a Mas…

What a Jury Sees in a Massachusetts Criminal Trial | Redactions, Evidence; Motions in Limine

A common question from clients and their families is: “Does the jury see everything?” The short answer is no....
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Attaching Wrong Plates in…

Attaching Wrong Plates in Massachusetts (G.L. c. 90, § 23): Penalties & Defenses

A police officer says the plate on a car didn’t belong to that car, or that the plate was covered or missing. Now you have a citation or a court date for a charge under G.L. c. 90, § 23. Here’s what that charge means. At a Glance: Wrong Plates /…
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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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Intimidation of a Witness…

Intimidation of a Witness in Massachusetts | G.L. c. 268 § 13B

It is a felony in Massachusetts to intimidate, harass, threaten, mislead, or try to influence a witness, potential witness, juror, court employee, police officer, or their family members...
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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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Entrapment in Massachuset…

Entrapment in Massachusetts: How the Defense Works Under Instruction 9.140

Entrapment is a defense, not a charge. It applies when the police, or someone working for them, pushed a person into a crime that person would not otherwise have committed. Police are allowed to set traps and run undercover operations. They are not a…
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Intoxication With Alcohol…

Intoxication With Alcohol or Drugs

While intoxication is never by itself an excuse or justification for a crime, it may be a relevant consideration in a case involving criminal charges. It is normally not a defense for intent, but according to Commonwealth v. Sama, 411 Mass. 293, may…
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Accident Defense

Accident Defense

This post will answer some frequently asked questions on the legal defense of accident. What is an accident? The Commonwealth of Massachusetts defines an accident as an unexpected happening that occurs without intention or design on the defendant’s…
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