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…
If you hurt someone while drunk driving in Massachusetts, you may be charged with multiple counts, some of which may seem quite similar. In a recent case, a Massachusetts defendant was convicted of (1) drunk driving (operating under the influence or OUI), (2) drunk driving that caused a serious bodily…
In a recent case, a Boston Municipal Court granted the defendants’ motion to suppress evidence based on a protective sweep. The sweep arose when a Massachusetts State Trooper ran a license plate check on a Mercedes. The car’s owner had an active warrant for operating his car on a suspended…
It is not uncommon for Massachusetts domestic violence cases to arise after multiple violent acts by the defendant. Some of these may be documented by the police. Others are only known to the two partners. Whether the judge will permit testimony about a defendant’s previous treatment of his or her…
In a recent non-precedential case, a Massachusetts defendant was charged with unlawful possession of a firearm. He was subject to enhanced penalties. A judge granted the defendant’s motion to suppress evidence of the firearm. The case arose when a uniformed police officer was standing outside a bar that he routinely…