In Commonwealth v. Fasanelli, a Massachusetts defendant appealed after convictions for breaking and entering and larceny. The case arose in 2012 when a police officer sitting in an unmarked car was monitoring a residential area of Malden for suspicious activities and break-ins. He saw two men approaching from behind the…
Somebody can be found guilty of a criminal offense even if he or she didn’t actually commit the crime but aided and abetted the perpetrator of the offense in a “joint venture.” You can be guilty if you intentionally act with another to commit a crime in order to bring…
Breaking and entering is a crime under G. L. c. 266, § 18. The law defines breaking and entering as the act of entering a dwelling at night or a building, ship, or motor vehicle during the day with the intent to commit a felony. It can lead to fines…
In the recent appellate decision of Commonwealth v. Hernandez, a defendant appealed from a conviction for receiving stolen property. The case arose when the defendant was riding a bicycle down the street, pulling another bicycle along with him. The police stopped him and asked what he was doing. The defendant…
In Massachusetts, the type of charges that will be brought for stealing someone else’s property (larceny) depends on the value of what you steal. If the property is worth less than $250, you will be charged with petty theft, but if the property is more than $250, you will be…
In a very narrow plurality opinion, the U.S. Supreme Court recently decided to overrule a decision reached just 11 years ago, in the name of protecting defendants’ Sixth Amendment rights.In the case, Alleyne v. US, 133 S. Ct. 2151, Sup. Ct. (2013), the Court examined the role of the jury…
A Roxbury man was reportedly arrested for the burglary of a Brookline church based on police finding his fingerprints on a candy bowl. The charges included breaking and entering at night with the intent to commit a felony, larceny from a building, and larceny of a motor vehicle. The theft…
Two men accused of committing a hate crime at South Station were arraigned on charges of unarmed robbery, assault and battery, and a civil rights violating with injury in a Boston court late last month. Both individuals were subsequently held on $15,000 bail. Investigators claim that the victim of the…
A woman living in New York has been accused of stealing nearly half a million dollars from One Fund Boston, a fund meant to help victims of the Boston Marathon attack.The woman allegedly submitted extensive documentation showing that she had been admitted to a Boston hospital with a traumatic brain…