Open and Gross Lewdness Open and gross lewdness and lascivious behavior in Massachusetts is a crime under G.L. c. 272 Section 16. To convict someone of this crime the prosecuting attorney must prove the element of shock or alarm. This requirement was recently clarified by the Supreme Judicial Court in…
Stabbing Someone in Massachusetts One of the more personal and highly violent criminal offenses in Massachusetts is stabbing another person. Stabbings are usually the result of hot emotions or fits of rage, and they can cause minor, serious, or even life-threatening injuries. Sometimes stabbing can even be fatal. when a…
In a move that strengthens individuals’ right to privacy, the state’s highest court ruled that state law enforcement must have particularized evidence that a cellphone is tied to a criminal act in order to be able to seize the cellphone. While the court acknowledged that there is a common sense…
Larceny by False Pretenses Larceny over $250 by false pretenses is a felony in Massachusetts under G.L. c. 266 Section 34. The law simply states that “[w]hoever, with intent to defraud and by a false pretense, induces another to part with property of any kind or with any of the…
Opioid Drug In recent years there has been an immense effort to combat the availability of an opioid drug, such as fentanyl, in Massachusetts, which was brought about by an increased rate of opioid-induced death. Fentanyl, a Class B controlled substance under Mass. Gen. Laws Chapter 94C, Section 31, is…
In a rather interesting news report in the Cape Cod Times, a young man is accused of breaking into a home located in Martha’s Vineyard where he allegedly painted the resident’s dog with purple paint and stole some items from the home. The accused man stands charged with more than…
Kidnapped Back in May of this year, it was suspected that a 62-year-old woman was kidnapped from her assisted living facility in Newton. The woman, identified as June Doe, a pseudonym, went missing in the middle of the afternoon after living at the facility for only two months. All that…
Traffic Stop Leads to Drug Charges Police made a traffic stop on Interstate 84 in mid-August and found considerably more than they bargained for. According to a recent report by Boston.com, the driver, Jeannie Ortiz, age 41, and passenger Domingo Ortiz, age 51, were found in possession of 85 grams…
Larceny and Shoplifting Cases I cannot even begin to put a number to the amount of calls I get from people bullied by store security personnel into confessing to crimes they did not commit. The scenario is always the same. Either a patron or an employee of a store (usually…
In certain, limited circumstances, the harm caused by an individual’s criminal conduct could be outweighed by the harm that would come with compliance with the law. In such circumstances, which are rare, the necessity defense might be available to the criminal defendant. Necessity Defense What is the Necessity Defense? In…