» General Intent

What a Jury Sees

Does a Jury See Everything? What a Jury Sees: 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 i… Read More
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Transferred Intent

TRANSFERRED INTENT 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… Read More
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Admission by Silence

ADMISSION BY SILENCE Admission by Silence. 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 walke… Read More
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Knowledge in Criminal Law

KNOWLEDGE Legally speaking, what is “knowledge” and how do jurors evaluate it in a criminal case? A perception of the facts required for a crime is “knowledge” in criminal law. Above all, it is the burden of the Commonwealth to prove… Read More
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Shoplifting Offense

SHOPLIFTING Firstly, what shoplifting-related offenses exist under Massachusetts’s law? Under Commonwealth law, a defendant can be charged with ANY of the following shoplifting-related offenses: Shoplifting Concealing merchandise shoplifting Shopli… Read More
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Harassing or Obscene Telephone Calls

HARASSING OR OBSCENE TELEPHONE CALLS OR ELECTRONIC COMMUNICATIONS Firstly, what is Massachusetts’s law on the offense of harassing telephone calls or electronic communications? Commonwealth law states: “Whoever telephones another person or causes… Read More
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Criminal Intent Explained

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 Commonwealth v. Nic… Read More
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Vandalism

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 the foll… Read More
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Intoxication With Alcohol or Drugs

INTOXICATION WITH ALCOHOL OR DRUGS ( AS A DEFENSE TO A CRIME) 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 inte… Read More
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