Defense of theft charges requires attention to both the factual and legal elements of the offense. The intent element — the requirement that the defendant intended to permanently deprive the owner of the property — is often a significant area of dispute. Mistake of fact, meaning a genuine belief that the property was one’s own […]
Key Defenses in Theft Cases Read More »
Theft and property crimes encompass a wide range of conduct under Massachusetts law — from shoplifting a small item to sophisticated fraud schemes involving hundreds of thousands of dollars. The penalties, the defenses, and the long-term consequences vary just as widely. This article walks through the major categories of theft and property offenses, explains how
Theft and Property Crimes in Massachusetts: What You’re Facing and How to Fight It Read More »
Self-defense is one of the most significant legal defenses available in assault cases, and it is important to understand what Massachusetts law actually requires. Massachusetts Is a Duty-to-Retreat State Massachusetts is not a “stand your ground” state. It is a duty-to-retreat state. This means that a person claiming self-defense must demonstrate that they could not
Self-Defense in Massachusetts: What the Law Actually Requires Read More »
Assault and Battery with a Dangerous Weapon This is a felony charge that arises when the assault is committed using an object capable of causing serious bodily harm. The category of “dangerous weapon” under Massachusetts law is broader than most people expect. Obviously, firearms and knives qualify. But courts have held that any object —
Escalating Charges: When Assault Becomes a Felony Read More »
Assault charges in Massachusetts cover a broader range of conduct than most people realize, and the specific charge you or a loved one is facing can make an enormous difference in the potential consequences and the defense strategy. Understanding what these charges actually mean — legally, not just colloquially — is the starting point for
Assault Charges in Massachusetts: Understanding What You’re Actually Facing Read More »
The search and seizure law governing drug cases is one of the areas where suppression motions are most often filed — and most often successful. Police must generally have either a valid search warrant or a recognized exception to the warrant requirement in order to search a person, a vehicle, or a home and seize
Search and Seizure: Where Many Drug Defenses Begin Read More »
One of the most important developments in Massachusetts drug prosecution in recent years involves the requirement that chemical testing of alleged controlled substances be performed by certified laboratory analysts, and that those analysts be made available for cross-examination at trial. This requirement became critically important in the context of two massive scandals that shook the
The Laboratory Scandal That Changed Massachusetts Drug Prosecution Read More »
Beyond marijuana, Massachusetts drug law organizes controlled substances into classes based on their potential for abuse and legitimate medical use: Understanding the Charges: From Possession to Trafficking Simple Possession Possession of controlled substances is generally charged as a misdemeanor for first-time offenders involving smaller quantities — though even simple possession of Class A or Class
The Controlled Substances Classification System Read More »
Drug charges in Massachusetts span an enormous range of conduct — from personal possession of small amounts of marijuana to large-scale drug trafficking operations. The penalties associated with these charges vary just as dramatically: from no criminal record at all for certain marijuana-related conduct, to mandatory minimum sentences of many years for trafficking in certain
Drug Crimes in Massachusetts: Understanding the Charges Against You Read More »
The stakes in domestic violence cases are high — considerably higher than many defendants initially realize. A conviction creates consequences that extend far beyond the criminal sentence imposed by the court. Employment: A conviction creates a visible record in background checks that can affect employment and housing. Firearms — The Lautenberg Amendment: A domestic violence
The Consequences of a Domestic Violence Conviction Read More »
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