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…
In Massachusetts, domestic violence is a crime that includes not only physical harm but also attempts to cause physical harm, triggering fear of imminent serious physical harm or involuntary sexual relations between family or household members. Family and household members include people who are married, are living together, are related…
Homemade bombs are illegal in Massachusetts and elsewhere. Anybody convicted of control or possession of an explosive device faces the possibility of fines and imprisonment of either up to 2 1/2 years in the house of corrections or between 10-20 years in the state prison. In the recent case of…
In the recent case of Commonwealth v. Jenkins, the defendant was convicted of assault and battery with a dangerous weapon and aggravated assault and battery on a pregnant woman. The case arose when the pregnant victim confronted the defendant, who was her boyfriend and the father of her unborn child,…
In a recent Massachusetts appellate case (Commonwealth v. Freddy Baez), a Massachusetts defendant appealed from a conviction for trafficking in cocaine. The case arose when the police were conducting surveillance of the defendant’s address while investigating drug crimes. They saw the defendant leave his house and followed him to another…
Massachusetts gun laws are some of the strictest in the nation. Handgun owners must be licensed to buy firearms and ammunition and to carry them. A police officer must have reasonable suspicion to stop you for carrying a handgun without a license. What is reasonable suspicion? In a recent appellate…
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…