Domestic violence crimes are commonly charged in Massachusetts, and their prosecution often relies on the testimony of an alleged crime victim. It is more common in domestic violence cases for a victim to change their story as the case progresses. Victims regularly will recant the accusations made against their domestic…
In a recent Massachusetts criminal law appellate opinion, a state court discussed the difference between the two types of battery, attempted and threatened, and whether the latter requires a finding that the victims were aware of the defendant’s conduct. Ultimately, the court concluded that a threatened battery does require that…
In a recent Massachusetts appellate decision, the defendant was convicted of assault and battery with a deadly weapon on a pregnant person, as well as ordinary assault and battery on a pregnant woman and a violation of an abuse prevention order. He argued on appeal that the prosecutor’s misstatements warranted…
In the nonbinding Massachusetts appellate case of Commonwealth v. Morris, the court considered a defendant’s conviction by jury for assault with intent to rape, assault and battery, and indecent assault and battery. He appealed on the grounds that the judge should not have allowed improper testimony about the demeanor of…
In Commonwealth v. Polito, a Massachusetts appellate court considered the case of a defendant found in violation of his probation. The case arose on an afternoon in August 2009, when a police officer responded to a report of domestic battery and assault. The officer saw that the victim was shaking…
It is not uncommon for Massachusetts domestic violence cases to arise after multiple violent acts by the defendant. Some of these may be documented by the police. Others are only known to the two partners. Whether the judge will permit testimony about a defendant’s previous treatment of his or her…
Last month Boston Firefighter Kenneth Veiga, a 24 year veteran, was facing potential charges for threats he made against his department following a requirement that he see a predetermined physician in order to return from his paid leave. Veiga allegedly told his commander that he was thinking about smashing a…
It was recently reported on August 2, 2012, that Governor Deval Patrick signed new Massachusetts criminal law legislation that imposes harsh penalties for repeat violent criminal law offenders convicted in the Commonwealth. In doing so, Massachusetts now reportedly joins twenty-six additional states that have imposed strong habitual criminal offender laws.…
As evidenced by recent news coverage, high school college student crime is significant and is an evolving and expanding area of the law. With the advent of social networking sites such as Facebook, twitter, YouTube, etc., issues involving high school and college students have become widely publicized and come under…