Under Instruction § 6.700 of the Criminal Model Jury Instructions for Use in the District Court, the Commonwealth needs to establish the following to show a criminal threat: (1) the defendant stated an intention to harm someone or someone’s property presently or in the future, (2) the defendant intended this…
In a recent Massachusetts assault case, the defendant was convicted of resisting arrest and assault and battery on a cop. The problems arose when two policemen were dispatched to his house for a 911 hang-up call. When the policemen got there, one thought he heard somebody talking. Through a window,…
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 a recent Massachusetts assault case, the appellate court considered aggravated rape and armed assault with intent to murder. DNA evidence connected the defendant to the case. In 2010, an arrest warrant was issued for the defendant. He was indicted as a youthful offender. However, he filed a motion to…
A recent Massachusetts robbery case arose when the defendant was convicted of armed burglary, masked armed robbery, and armed assault in a dwelling. The events giving rise to the case occurred one night when the victims, a couple, woke up to find that there were three masked men standing by…
In a recent Massachusetts theft case, the defendant was convicted of aggravated assault and battery with a dangerous weapon and armed robbery while masked. The case arose when the victim of the robbery came to his brother’s convenience store where he worked. He was carrying a bag with $35,000 in…
In a recent Massachusetts assault case, the defendant pled guilty to assault and battery on a girlfriend and her child. A judge sentenced him to 2 1/2 years in the house of correction, but he only had to serve six months with the balance suspended for three years. He was…
In a recent Massachusetts case, the court considered whether field sobriety tests were admissible in situations in which the police believe a driver may have been driving under the influence of marijuana. The case arose in 2013, when the police watched a blue motor vehicle traveling south on Route 146…
In a recent Massachusetts aggravated assault case, the defendant was convicted of assault and battery by a dangerous weapon, assault and battery, and threatening. The case arose from the defendant allegedly kicking the victim multiple times with a closed-toe shoe while the victim was trying to go down a flight…
In a recent Massachusetts theft decision, the court considered a motion to suppress. The case arose when a sergeant of the police department joined other officers in surveilling a car that was the subject of an investigation related to multiple breaking and entering crimes. The police department of another neighboring…