In August 2014 Governor Deval Patrick signed a bill that created new criminal offenses related to domestic violence. The law amended chapter 265 creating two new crimes: assault and battery on household members, as well as suffocation and strangulation.
The charge of resisting arrest is usually added to other charges that stem from an arrest. Often times police tack this charge onto the other crimes the defendant is charged with. In Massachusetts the crime of resisting arrest occurs when the defendant either uses or threatens to use physical force or violence against the police officer or other law enforcement in an attempt to prevent law enforcement from making an arrest. The Commonwealth doesn’t have to show that the conduct on the part of the defendant created a substantial risk of causing bodily injury to the police officer. A defendant that stiffens his arms while an officer attempts to put on handcuffs may be convicted of resisting arrest.
Armed robbery while masked is an extremely serious crime, a conviction for which carries a mandatory minimum sentence in state prison for 15 years. Broadly speaking, in the state of Massachusetts, a person can be charged with armed robbery if he was armed with a dangerous weapon while assaulting another person and robbing another person (on the street, in a store, at home, etc.) It is not necessary to have used, or even displayed, the weapon in question, but there does have to be an implicit threat of force.
A defendant convicted of stalking faces a sentence of up to five years in state prison, or a fine up to $1,000 or imprisonment in the house of corrections for up to 2 ½ years or both. A Defendant convicted of a second offense of stalking faces a mandatory minimum sentence in a state prison of at least 2 years and maximum of up to 10 years.
Massachusetts General Laws Chapter Section 53 makes it a crime to accost or annoy a person of the opposite sex by way of offensive language or disorderly conduct. In order for a defendant to be convicted of accosting and or annoying a person of the opposite sex the prosecutor must prove the following beyond a reasonable doubt …
Threatening to commit a crime is a criminal offense in Massachusetts. It’s a very common charge. The majority of the time these charges can be addressed at a clerk magistrates hearing. That’s because these crimes aren’t often committed in the presence of many witnesses and the only evidence that supports the charge comes in the form of the alleged victim’s testimony. Hiring a lawyer early in the case at the clerk’s hearing stage will give you the best chance of getting the case dismissed before formal criminal charges can be brought against you. Often times a bitter ex-girlfriend, boyfriend, ex-wife or husband will try and use the criminal court system to exact some form of revenge. In an attempt to use the court system for illegitimate purposes they file a bogus criminal complaint. It’s unfortunate when this happens because the accused party is forced to face these charges.
Kidnapping is often committed in tandem with other crimes like rape, murder, robbery or in domestic child custody situations. The majority of kidnapping cases in MA center around divorced couples with children. Often time’s one parent is granted full custody of the children while the other gets partial custody or supervised visitations. In these cases a non-custody parent might keep the child past the scheduled visitation or may take the child for a non-scheduled visit. It may be hard to believe but the majority of kidnappings involve family members and not strangers.
Broadly speaking, in the state of Massachusetts, a person can be charged with armed robbery if he was armed with a dangerous weapon while assaulting and robbing another person (on the street, in a store, at home, etc.) It’s not necessary to have used, or even displayed, the weapon in question, but there does have to be an implicit threat of force. Note, too, that the definition of “dangerous weapon” can be very liberal: this doesn’t necessarily apply only to knives and guns, but also to a baseball bat or brass knuckles.
Massachusetts General Laws Part IV Crimes, Punishments and Proceedings in Criminal Cases Title I Crimes and Punishments Chapter 265 Crimes Against The Person Section 13. Manslaughter; punishment [ Text of section effective until July 15, 2010. For text effective July 15, 2010, see below.] Section 13. Whoever commits manslaughter shall, except as hereinafter provided, be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and one half years. Whoever commits manslaughter while violating the provisions of sections one hundred and one to one hundred and two B, inclusive, of chapter two hundred and sixty-six shall be imprisoned in the state prison for life or for any term of years. Chapter 265: Section 13. Manslaughter; punishment [ Text of section as amended by 2010, 160, Sec. 5 effective July 15, 2010. For text effective until July 15, 2010, see above.] Section 13. Whoever commits manslaughter shall, except as hereinafter provided, be punished by imprisonment in the state prison for not more than twenty years or by a fine of not more than one thousand dollars and imprisonment in jail or a house of correction for not more than two and one half years. Whoever commits manslaughter while violating the provisions of sections 102 to 102C, inclusive, of chapter 266 shall be imprisoned in the state prison for life or for any term of years.
Section 3. An inhabitant or resident of this commonwealth who, by previous appointment or engagement made within the same, fights a duel outside its jurisdiction, and in so doing inflicts a mortal wound upon a person whereof he dies within the commonwealth shall be guilty of murder within this commonwealth, and may be indicted, tried and convicted in the county where the death occurs.