What is transferred intent? One of the elements of most crimes that the Commonwealth must prove is “intent”. There is a related legal principle called “transferred intent.” This applies when a person intends to harm one person…
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What can I do with a license? It is the burden of the Commonwealth to prove beyond a reasonable doubt that you did not have license or authority to do something when you are charged with a crime. However, under G.L. c. 278 § 7 a person relying on a…
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Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
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…
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Most crimes require proof of a guilty state of mind, not just a guilty act. In Massachusetts, the jury instructions describe several mental states. Specific intent means acting with a purpose. General intent means acting deliberately, not by accident…
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Forgery in Massachusetts is charged under G.L. c. 267, § 1. Using a forged document, which the law calls “uttering,” is a separate crime under § 5. Both are felonies. District Court Instructions 8.160 and 8.240 set out what the…
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