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? Commonwealth law states: “Wh…
Read More
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
Shoplifting is a specific criminal offense under Massachusetts law. G.L. c. 266, § 30A covers a range of intentional acts involving retail merchandise—taking it, concealing it, switching price tags or containers, under-ringing the price, or removi…
Read More
Tags: Arraignment, concealing merchandise, Dismissal, Dismissed, Diversion, G.L. c. 266 § 30A, General Intent, Immigration Consequences, Magistrate, penalty, price tag switching, Registry of Motor Vehicles, retail theft, Self Defense, Self Defense of Another, Self Defense of Property, Shoplifting, shoplifting Massachusetts, Stealing, Wanton Conduct
Resisting arrest is a crime in Massachusetts under G.L. c. 268, § 32B. The charge covers two kinds of conduct: using or threatening force against an officer, or doing something that creates a substantial risk of bodily injury. Simply pulling awa…
Read More
Tags: Arraignment, Arrest, Assault and Battery, Dismissed, Diversion, Felonies, Felony, Immigration Consequences, Misdemeanor, Proof Beyond a Reasonable Doubt, Reckless Conduct, Resisting Arrest, Wanton Conduct
Criminal harassment is a Massachusetts crime built around a pattern of conduct aimed at one person — not a single rude message or one heated argument. Under G.L. c. 265, § 43A, the Commonwealth must prove a series of willful and malicious acts tha…
Read More
Tags: Bill Barabino, Burden of Proof, Criminal, Criminal Harassment, Defenses, Felony, Harassing Speech, Misdemeanor, Pattern of Conduct, Protected Speech, Susbstantial Emotional Distress, Wanton Conduct, Willfully and Maliciously
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…
Read More
“Vandalism” is the everyday word. In court, the charge is usually willful and malicious, or wanton, destruction of property under G.L. c. 266, § 127. The two versions require different mental states and carry different penalties. Dis…
Read More
