In Commonwealth v. Parker, a defendant was convicted of assault and battery, plus indecent assault and battery, for non-consensually touching the victim. He appealed, arguing the evidence was insufficient to convict him. The case arose during a time when the defendant and victim lived separately in a condominium building. In…
In Commonwealth v. Martin, a Massachusetts court considered a drug case in which a defendant filed motions to withdraw four guilty pleas related to 30 drug offenses. The case arose during the investigation of the defendant’s boyfriend. Contraband was discovered in the defendant’s car, a search warrant was executed at…
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…
Presenting a forged instrument as a genuine instrument (known as “uttering a forged instrument“) is a crime in Massachusetts under General Laws, Chapter 267, Section 5. The Commonwealth must prove that the defendant (1) had the intent to injure or defraud, (2) uttered and published as true a false, altered,…
Under Massachusetts law, anyone who commits assault or assault and battery may be punished by imprisonment for not more than two and a half years in a house of correction or with a fine of not more than $1,000. However, a defendant can be punished by up to five years…
Recently, a 46-year-old Uber driver was accused of sexually assaulting a passenger in Boston. Uber customers use an app to arrange and pay for rides with drivers who are nearby. The driver pled not guilty to all charges, which included rape and kidnapping. The incident allegedly occurred on December 6,…
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 the recent case Commonwealth v. Thompson, a Massachusetts court considered the conviction of a man charged with selling cocaine in a school zone. While the man’s appeal was pending, the statute related to school zone drug crimes was amended to reduce the radius of the area that is considered…
As discussed in prior blog posts, Massachusetts Governor Deval Patrick signed Senate Bill 2334 in August. The bill created new criminal charges related to domestic violence. It amends chapter 265 to create two new crimes: assault and battery on household members as well as suffocation and strangulation. Under the new…
As we previously noted on this blog, in August, Governor Patrick signed the “Act Relative to Domestic Violence,” which changes the law with regard to many aspects of domestic abuse cases. Since it was an emergency act, the provisions took immediate effect. In Massachusetts, domestic violence includes not only physical…