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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 by blood or marriage, have children together, or are dating or have dated. In August 2014, Massachusetts Governor Patrick signed a new emergency law known as “Act Relative to Domestic Violence,” which changes the arraignment, bail, detention, and criminal penalties in domestic violence cases. The impact on arraignment is especially significant.

Generally in Massachusetts, a defendant is entitled to a prompt arraignment under Mass. R. Crim. P. 7(a)(1) and a 1996 case known as Commonwealth v. Rosario. Under the former, an arrested defendant is to be brought for arraignment before the court if it is in session already, but if it is not, the defendant is to be brought for arraignment at the next session. Any defendant who receives a summons or has been arrested but is released will be ordered to appear before the court on a certain date.

However, under the new law, if you are charged with a crime involving domestic abuse or strangulation, you are prevented from being released within six hours of being arrested, unless the judge sets bail in open court. The six-hour period is considered a “cooling off” period during which the situation can be de-escalated and the victim gets time to look for safety.
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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 Commonwealth v. Huacon, the defendant was charged with malicious burning of property, malicious explosion, control or possession of an incendiary device, and violating a restraining order. The case arose during the defendant’s and victim’s romantic relationship, which lasted about two years before the events at issue.

The victim lived with her family. The victim invited the defendant into her house, where they got in a fight. The victim’s mother asked the defendant to leave, but he wouldn’t. She went downstairs, and the defendant followed her.

He got a knife and told the family he would kill everyone and burn the house down. About 30 minutes later, three police officers arrived, took the knife, and arrested the defendant. Later, a restraining order was obtained. Nonetheless, the defendant called the victim at work.
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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, about his possible infidelity. During the argument, she ran outside in fear, letting the door close behind her, but she came back in because she was underdressed for the cold weather. The defendant let her come back inside when she said she wanted to get her stuff.

The defendant was on the phone at the time, but he told her she was dead. He grabbed her by the neck and pushed her into the wall and then to the ground, making it so she couldn’t breathe. He struck her and kicked her all over with his boots, claiming he would “stomp” out the child. She passed out. He told her to look up abortion providers and call to make an appointment.

When he walked out of the room for a moment, she grabbed her keys and ran out the door. He chased her outside and kept beating her until she honked the car horn for long enough that he went back inside. The victim called 911. An ambulance took her to the hospital, and she later went to the police station. Photos were taken of her bruises and injuries.
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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 part of Boston, where he picked up his eventual codefendant.

The defendant stopped briefly elsewhere and then went to pick up the defendant’s mother. After that, he changed lanes without signaling, and the police pulled over his car for an infraction. The police asked for identification. The defendant gave the officers identification, but the codefendant provided a fake driver’s license. The codefendant was arrested for the fake license and a default warrant for cocaine trafficking.

The police searched the car and found thousands of dollars in the glove compartment. The defendant was cited for the infraction, but he and his mother were allowed to go.
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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 decision, a Massachusetts appellate court considered a situation in which two police officers tried to stop and question a defendant suspected of illegal activity. At the time, one of the officers had served in the department for 9 years and had been trained to identify those carrying concealed firearms. Part of the training was that an unlicensed carrier is less likely to use a holster and more likely to adjust the weapon inside his clothes. Another characteristic is head movements in multiple directions in order to determine if the weapon is being detected.

On the night in question, the officer was on an overnight shift, in the passenger seat of an unmarked patrol car. The neighborhood was home to three or four gangs and the officer had previously responded to gunfire incidents there. At 12:30 a.m. the officer and his partner saw the defendant walking with his hand inside his pocket. The defendant was adjusting an object. When he saw the patrol car, he looked surprised. The officer asked to speak with him. The defendant looked away and kept his right hand inside his pants. He turned the corner and started jogging.
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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 charged with grand theft. Larceny can include shoplifting from a department store or car theft. Generally, it involves theft without force. The punishment for grand theft is up to five years in prison plus fines of up to $25,000.

In Massachusetts, the Commonwealth can prosecute you for personally committing theft, but it can also prosecute you if there is no evidence of direct participation under a joint venture theory. Joint venture is a theory of criminal liability most often applied to drug cases, but it can also come up in a larceny case. The Commonwealth argues that (1) the defendant was present, (2) the defendant helped commit the crime, and (3) the defendant intended the crime to be carried out.

In the recent case of Commonwealth v. Vaillancourt, a Massachusetts court considered the appeal of a defendant convicted of larceny under $250. The Commonwealth had moved forward under two theories: principal liability and joint venture liability. The judge instructed the jury that they could convict the defendant either if she had personally committed larceny or if she had acted as a joint venturer.
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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 injury, (3) driving on a suspended license, (4) manslaughter by motor vehicle, and (5) motor vehicle homicide. The case arose because the defendant was driving drunk on the wrong side of an access road and crashed into a Saturn. A 17-year-old passenger in the Saturn was killed and the driver seriously injured.

A state police trooper later testified that when the crash happened, the defendant was driving at 55 mph in a 25-mph zone, and the defendant didn’t try to avoid the crash. The defendant claimed he had drunk two 16-oz. mojitos and a vodka-Red Bull drink before the crash happened. The trooper also noted the defendant’s slurred speech, glassy eyes, unsteadiness, and failure to pass a sobriety test. The trooper arrested the defendant.

During the booking process, blood ran from the defendant’s ear, and he asked for medical assistance. Paramedics examined him. He agreed to a breathalyzer test with two measurements, and his blood alcohol level measured at .17 and .18. Next, he was taken to the hospital, where his blood alcohol level was measured at .15.
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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 license and other offenses.

The trooper activated his lights to stop the Mercedes, but he gave up the pursuit after the car sped away. Later, he verified the warrant was still active, but he learned that the man now had a valid license. He ran the license plate and went to the man’s address in East Boston. He saw the Mercedes nearby and went to the apartment building to serve the warrant.

Several police officers waited at the back of the building, while three officers entered from the front. They knocked, claiming to be delivering pizza. A voice from inside the apartment stated the police couldn’t enter without a warrant. The officer knocked and identified himself, but nobody responded. The police heard sounds of toilet flushing and a door that might have been opening to the outside. An officer kicked the front door open to stop the suspect’s escape.
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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 partner depends on the particular circumstances. Criminal evidence rules restrict an alleged victim’s testimony and evidence on the subject of “prior bad acts” of the defendant, except for certain purposes.

In a recent case, a defendant appealed on the basis of a judge’s instructions to the jury about prior bad acts. He was convicted of assault and battery of his girlfriend. The appellate court explained that the jury could have found particular facts that justified the judge’s ruling.

The defendant and victim met in Seattle in 2010 and moved to Massachusetts the following year so that the defendant could pursue a graduate degree at MIT. After moving to Massachusetts, the two began arguing over the victim’s relationship with a male friend. The defendant was verbally abusive and sometimes physically abusive as well. Once, the defendant pushed her into a wall, creating a hole about three feet across.
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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 surveilled for weapons violations and fights. The officer was approached a stranger who pointed out the defendant, claiming the defendant had shown him a gun holstered on his hip.

The defendant was already walking away and then turned back to look at the police officer. He abruptly turned left, and the officer inferred that the defendant changed his course in response to seeing the stranger talking to the officer. The officer requested backup and drove around the block in a cruiser. Another officer responded to the call for backup. When the officer found the defendant, he got out of his cruiser and told the defendant he wanted to talk to him.

The defendant ignored the office and crossed in front of a minivan. The officer heard something metallic drop to the ground. One of the officers saw him drop a gun and pulled out his own weapon. The defendant was ordered to the ground. The first officer handcuffed the defendant and arrested him. The defendant had been in possession of a .45 caliber pistol.
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