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…
Boston Criminal Defense Lawyer Blog
Field Sobriety Testing in Massachusetts Marijuana Cases
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…
Aggravated Assault and Kicking a Victim Down Steps in Massachusetts
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…
Evidence Obtained Extraterritorially in Massachusetts
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…
Armed Robbery of a Gas Station in Massachusetts
In a recent Massachusetts armed robbery case, a defendant appealed his conviction for armed robbery while masked. The case arose from an armed robbery of a gas station. The defendant, a regular customer, came in at 9 p.m. and bought $10 worth of gas. He was wearing a T-shirt and jeans.…
Proof of Domestic Violence with a Dangerous Weapon in Massachusetts
In a recent Massachusetts criminal case, a defendant appealed after being convicted of rape, assault, and battery with a dangerous weapon. The case arose when the defendant started dating the victim, and the victim moved into his apartment, where he lived with a male roommate. Soon afterward, the defendant and…
Prescription Drug OUI in Massachusetts
In a 2017 Massachusetts appellate case, the defendant appealed from convictions for operating a vehicle under the influence of drugs (M.G. L. c. 90, § 24(1)(a)(1)) and negligent operation of a motor vehicle (M.G. L. c. 90, § 24(2)(a)). The case arose when a cop in an unmarked car saw…
Evidence Found Before a Pat Frisk in Massachusetts
In a recent Massachusetts appellate case, the court considered whether the district court judge had made a mistake in denying a criminal defendant’s pretrial motion to suppress evidence that was found just before a pat frisk. The firearm that was seized was discovered when the defendant and his companions were…
Self-Defense in a Massachusetts Assault Case
In a recent Massachusetts appellate case, the defendant was convicted of assault and battery on a girlfriend. He appealed on the grounds that the conviction was a result of speculation and conjecture and that there were no findings to support it. The appellate court explained that after a defendant raises…
Charges for Possessing Counterfeit Money in Massachusetts
A recent Massachusetts appellate case arose when a cop stopped to get coffee during his patrol hours. While in line, there was a commotion in which the defendant argued with the cashier. The cop didn’t hear the discussion but saw the defendant hurry away. After talking to the cashier, the…