LICENSE OR AUTHORITY
Occasionally, when a defense is asserted on behalf of a defendant, the defense is license or authority. For example, a police officer acting in good faith may arrest a person because they are carrying or possessing a firearm.…
Tags: Assault and Battery, Burden of Proof, Dismissal, Felony, Intent, License, License or Authority, Magistrate, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
BURNING INSURED PROPERTY
This post will answer the following questions on the crime of burning insured property in order to defraud its insurer:
What does Commonwealth law say on the crime of burning insured property?
What does the Commonwealth have…
Tags: Arraignment, Arrest, Arson, Assault and Battery, Bill Barabino, Burden of Proof, Criminal, Defenses, Dismissal, Dismissed, Diversion, Felony, Proof Beyond a Reasonable Doubt, Specific Intent, Unlawful Burning
USE OF TELEPHONE FOR BETTING
This post will answer the following legal questions on the crime of use of telephone for betting:
What does it mean to be charged with use of a telephone for betting?
What does Commonwealth law have to say on use of a…
INTIMIDATING A WITNESS, JUROR, COURT OFFICIAL OR LAW ENFORCEMENT OFFICER
This post will answer the following legal questions on the offense of intimidating a witness, juror, court official or law enforcement officer (AKA “intimidation”):
This post will answer the following questions on the legal concept of “inferences”:
Legally speaking, what is an “inference” and when can one be drawn?
What are some examples of inferences applied to the legal context?
DISTURBING THE PEACE
This post will answer the following legal questions on the offense of disturbing the peace:
How does the Commonwealth prove a defendant guilty of the offense of disturbing the peace?
What are examples of “unreasonably disrupti…
Tags: Arraignment, Arrest, Bill Barabino, Breaking and Entering, Criminal, Dismissal, Disturbing the Peace, Diversion, Firearm, Misdemeanor, Proof Beyond a Reasonable Doubt, Specific Intent
This post will answer the following questions on the legal concept of intent:
Legally speaking, what does it mean to have the necessary intent to commit a crime?
How do jurors determine a defendant’s intent?
What is specific intent?
This post will answer the following legal questions on vandalism:
What does the Commonwealth have to prove in order to convict a defendant of the offense of vandalism?
What does it mean to act “willfully with malice”?
What does it mean…
INTOXICATION WITH ALCOHOL OR DRUGS
This post will discuss the following legal questions relating to intoxication with alcohol or drugs:
What are specific intent crimes?
Can a defendant ever be acquitted on grounds of not having the specific intent t…