» Specific Intent

License or Authority

December 1st, 2018
Posted By
William Barabino
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… Read More
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Categories: Blog
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent

Phone Betting

August 9th, 2018
Posted By
William Barabino
What is phone betting? A defendant is charged with the crime of “use of telephone for betting” when he or she unlawfully is (ONE OR MORE): Using a telephone Permitting a telephone …for betting purposes. What is the law on phone betting? Commonw… Read More
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Categories: Blog
Tags: Crime, Dismissed, Felonies, Felony, Proof Beyond a Reasonable Doubt, Specific Intent, Telephone Betting, Wanton Conduct

Intimidate a Witness

August 1st, 2018
Posted By
William Barabino
Is it illegal to intimidate a witness? Yes. A person who is threatens, attempts to physically harm, or harasses a witness can be charged with Witness Intimidation under M.G.L. c. 268, § 13B. Conviction could result in 10 years imprisonment or a fine… Read More
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Categories: Blog
Tags: Arraignment, Criminal, Defenses, Intimidation of a witness, Investigation, Misdemeanor, Obstruction of Justice, Specific Intent

Legal Inferences

July 27th, 2018
Posted By
William Barabino
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
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Categories: Blog
Tags: Bill Barabino, Circumstantial Evidence, Dismissal, Dismissed, Felony, General Evidence, Inferences, Prior to Charge, Specific Intent, Testimonial Evidence

Disturbing the Peace

July 24th, 2018
Posted By
William Barabino
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
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Categories: Blog
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent

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