» General Intent

What does a Jury See?

December 1st, 2018
Posted By
William Barabino
Does a jury see everything? The short answer is no. Often times courts sanitize or redact evidence. Normally, the attorney and the district attorney will discuss and either agree to the limit what the jury can see and not see. And if the parties can&… Read More
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Categories: Blog
Tags: Arraignment, Burden of Proof, Criminal, Defenses, Dismissal, Evidence, Evidence with Redacted Material, General Intent, Misdemeanor, Proof Beyond a Reasonable Doubt

Transferred Intent

December 1st, 2018
Posted By
William Barabino
What is transferred intent? One of the elements of most crimes that the Commonwealth must to prove is “intent”. There is a related legal principle called “transferred intent.” This applies when a person intends to harm one person but instead… Read More
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Categories: Blog
Tags: Burden of Proof, Dismissal, Dismissed, General Intent, Intent, Proof Beyond a Reasonable Doubt

Admission by Silence

September 29th, 2018
Posted By
William Barabino
Can I go to jail if I do not speak to police? Recently, a client called concerned that she DID NOT respond to accusations from police when she was accused of shoplifting. While in the parking lot of a store she was confronted by police. The police wa… Read More
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Categories: Blog
Tags: Admission by Silence, Arraignment, Civil, Criminal, Dismissed, Evidence, Felony, General Intent, Indecent Assault, Proof Beyond a Reasonable Doubt

Knowledge in Criminal Law

July 26th, 2018
Posted By
William Barabino
What is knowledge in criminal law? A perception of the facts required for a crime is knowledge in criminal law. It is the burden of the Commonwealth to prove beyond a reasonable doubt that at the time of the offense the defendant knew something. This… Read More
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Categories: Blog
Tags: Arraignment, Burden of Proof, Crime, Criminal, Diversion, General Intent, Intent, Knowledge, Wanton Conduct

Shoplifting

July 25th, 2018
Posted By
William Barabino
What does the law say on shoplifting? Massachusetts law states: “Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred any merchandise displayed, held, stored or offered for sale by a… Read More
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Categories: Blog
Tags: Arraignment, Dismissal, Dismissed, Diversion, General Intent, Immigration Consequences, Magistrate, penalty, Registry of Motor Vehicles, Self Defense, Self Defense of Another, Self Defense of Property, Shoplifting, Stealing, Wanton Conduct

Harassing or Obscene Phone Calls

July 25th, 2018
Posted By
William Barabino
What is the law on harassing or obscene phone calls? Massachusetts law states: “Whoever telephones another person or causes a person to be telephoned, contacts another person by electronic communication, or causes a person to be contacted by electr… Read More
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Categories: Blog
Tags: Arraignment, Arrest, Felonies, General Intent, Harassment or Obscene, Immigration Consequences, Phone Calls, Proof Beyond a Reasonable Doubt

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

Vandalism

July 13th, 2018
Posted By
William Barabino
What is vandalism? Vandalism is the crime, punishable under Massachusetts General Laws Chapter 266, Section 126A, of intentionally painting, marking, or injuring the property of another in a willfully malicious or wanton manner. This post will answer… Read More
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Categories: Blog
Tags: Consequences, General Intent, Maliciously, Reckless Conduct, Specific Intent, Vandalism, Wanton Conduct

Intoxication With Alcohol or Drugs

June 29th, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Alcohol or Drugs, Burden of Proof, Defenses, General Intent, Justification, Proof Beyond a Reasonable Doubt, Specific Intent