Assault and Battery

November 16, 2016

A BOSTON CRIMINAL LAWYER CHECKS IN WITH AN UPDATE OF CRIMINAL LAW BLOGS, HATE SPEECH AND HATE CRIME

Hello again.

First things first.

We recently had a presidential election. The country was pretty divided in that one. As a result, some folks were going to be left angry no matter who won.

Donald Trump won. Some people are very angry.

That’s fine. Dissent and free speech are what this country is all about.

To an extent.

Attorney Sam’s Take On Speech, Hate, Assault and Battery

We have discussed the issues of “hate crimes” before. While a crime like assault and battery is assault and battery, regardless of the purported reason, such actions under certain circumstances are considered more heinous and so are given special attention. This would include cases of domestic violence and “hate crimes”.

November 14, 2016

What is Disorderly Conduct? Is it a Serious Criminal Charge?

by Altman & Altman

Keeping the peace requires significant “behind the scenes” work in the form of rules, laws, law enforcement, and punishment. Massachusetts Laws establish what we are allowed to do within our state, and any type of behavior that goes against these laws may be punishable. Most states define disorderly conduct as any behavior that is likely to cause alarm, annoyance, or anger to other people, such as fighting or brawling, and public urination. If you engage in these types of activities, you may find yourself behind bars. Every state has different disorderly conduct laws. In Massachusetts, disorderly conduct carries fines of up to $150. But second and subsequent convictions can mean time behind bars with up to six months of jail time and a fine of up to $200. Disorderly conduct is typically a misdemeanor offense, but it can be a felony if the circumstances are especially damaging. For example, calling a school to falsely report a bomb may be a felony offense. If you have been charged with disorderly conduct, contact a Boston defense lawyer today.

What is taken into consideration when determining if an individual has engaged in disorderly conduct? The circumstances of the situation are extremely important; a disorderly behavior may not be considered disorderly if it takes place at another time or in a different location. For instance, shouting in a residential area late at night can be disorderly conduct, but shouting in the same spot at noon the next day may not be. In addition, the prosecution does not need to show that someone was alarmed or angered by the defendant’s actions. They simply has to show that the action would have alarmed a reasonable person.

Location, Location, Location

Disorderly conduct is not something that you do in the privacy of your own home; it takes place in a public location. However, the term “public” doesn’t only refer to large public spaces with lots of people. A stall in a public bathroom and private buildings being used for public rental are both “public” spaces. Any conduct that disturbs even one other person in a public space may be classified as disorderly conduct.

Types of Disorderly Conduct

Fighting: Depending on the circumstances surrounding the encounter, fighting can be anything from disorderly conduct to assault and battery. A simple bar fight that breaks out during a drunken argument between two individuals is typically disorderly conduct. These types of encounters are generally not premeditated, are resolved with relative ease, and don’t result in life-threatening injuries.

Protests and Disturbing an Assembly: Peaceful protests are our right as Americans. However, disruptive or violent protests are not. And disruptive doesn’t have to involve fighting and starting fires; purposely blocking traffic is an example of a non-violent, disruptive protest that could result in a disorderly conduct charge. “Disturbing an Assembly” refers to engaging in disruptive behavior at religious ceremonies, public rallies or protests, or city council meetings.

Public Misconduct: What is acceptable at home isn’t always acceptable in public. Public intoxication, for example, isn’t illegal in the privacy of your home. However, if you leave home and urinate on a neighbor’s car, you may be charged with disorderly conduct.

Disorderly conduct and law enforcement: Police encounters can sometimes lead to disorderly conduct charges. If, for example, you begin verbally threatening a police officer, or you use any type of physical contact, a disorderly conduct charge may follow.

November 11, 2016

The Long Term Dangers of Having a Criminal Record

by Altman & Altman

A criminal record is an account of any criminal convictions and charges that you may have, past and present. Having a criminal record can have a severely negative impact on all aspects of your life, from finding a job to driving a car. If you are concerned about how your criminal record may impact your life, contact a Boston defense attorney today.

Having a criminal past can have negative consequences in many areas of your life. Below are some of the most common concerns expressed by individuals with criminal records.

Employment

Unfortunately, finishing your sentence and paying your debt to society doesn’t mean it’s going to be easy to get a job once you regain your freedom. Many occupations require extensive background checks for employment, such as those that involve direct contact with children, law enforcement jobs, and caring for elderly patients or individuals with disabilities. And even if extensive background checks are not necessary, most employers require job applicants to complete a formal application, which often asks if the applicant has ever been convicted of a crime.

Background checks can uncover all kinds of information about criminal history, including past convictions and plea bargains. If, however, information has been erased from a criminal record, the employer will not be entitled to that information. For example, if the applicant’s record was expunged or dismissed, or if the offense occurred when the applicant was a minor, this information will not show up in a background check for employment.

Having a criminal record doesn’t mean you can’t get a job, but you may have a tough road ahead. Much of the outcome will depend on the details of your situation. When were you convicted? Have you gone through any type of rehabilitation program? What crime were you convicted of, and how does it relate to the job for which you are applying? For example, a DUI conviction ten years ago will probably have little to no effect on your ability to get hired as a grocery store clerk. But a conviction of armed robbery five years ago will likely impact your ability to get hired as an aide in a nursing home. If you are concerned about your ability to find a job following a criminal conviction. Continue reading

November 8, 2016

What is the difference between a Bench Warrant and Arrest Warrant in Massachusetts

by Altman & Altman

Any type of Massachusetts warrant is a serious issue and needs dealt with immediately. However, not all warrants are the same. A bench warrant, for example, can be issued for something as simple as missing jury duty, whereas an arrest warrant is only issued in a criminal case.

Arrest Warrants

When a judge believes there is probable cause that you have committed a crime, he or she will likely issue an arrest warrant. This doesn’t mean you have been convicted of a crime, only that you are being charged. Facts obtained during a police investigation or witness testimony may convince a judge that issuing an arrest warrant is the next step in the process.

October 19, 2016

ROXBURY CRIMINAL INVESTIGATION INTO SHOOTING CONTINUES TO FOCUS ON VICTIM’S FATHER AND GANG VIOLENCE

by Samuel Goldberg

On Monday, we began discussing the matter in which was young girl was shot last weekend. The father, who police believe was the attended victim, has been unable or unwilling to cooperate with law enforcement about the shooting.

Witnesses and community leaders have been voicing outrage over the second shooting to wound a young girl in Roxbury in less than a week — this time when her allegedly gang-member father (hereinafter, the “Father”) was targeted, according to police.

Saturday afternoon’s brazen gunplay on Winslow Street left a 2-year-old with injuries to her leg and hand. On Oct. 9, a 9-year-old girl was shot and critically injured at a family get-together.

“We’ve had a real bad week. Anyone who has ever loved a child — they’re heartbroken,” said Emmett Folgert of the Dorchester Youth Collaborative, which works to divert kids from gang life.

According to the Boston Herald ), Mayor Martin J. Walsh has commented, “This particular case, [Father] is not willing to step up … That’s a coward right there. And it bothers me. And certainly, we’re trying to find out who did this shooting … It was a gang-involved shooting, and they clearly were going after this young girl’s father and he’s clearly not talking to the police about it. I just can’t fathom that.”

October 17, 2016

THE ROXBURY SHOOTING OF A CHILD BRINGS PRESSURES AND ASSUMPTIONS ABOUT HER “GANG-AFFILIATED” FATHER

by Samuel Goldberg

There still remains a bit of confusion as to what law enforcement and others need in order to legitimately (under the law) jump to conclusions about…well…you.

Folks seem to know that, in order to convict a criminal defendant, the government must prove that individual guilty beyond a reasonable doubt. We have discussed whether or not that is what really happens in the reality of the courts…but that is not the issue for today.

Today, I think we need to address various matters in which proof beyond a reasonable doubt is not necessary to ruin your life. Sometimes mere suspicion is enough.

For example, let’s turn to a very recent story in the news. The Boston Herald tells us that various black community leaders are calling on the father of a 2-year-old girl who was shot as she sat in the back seat of his car in Roxbury yesterday to cooperate with investigators who are trying to track down the shooter.

These calls are predicated on the belief that the man is a “known gang kid”.

September 30, 2016

WEYMOUTH ALLEGED ASSAULT, BATTERY AND KIDNAPPING VICTIM MAY BE PROSECUTED FOR MAKING FALSE ACCUSATIONS

by Samuel Goldberg

No one seems to know why this happens sometimes. In some cases, one can make out a motive…I’ve seen that a lot. However, sometimes, we are treated to no reason at all.

I am talking about complainants who admittedly lie about their allegations. Generally, however, even when that complainant’s lack of credibility is clear to everyone in the room, the prosecution seems to turn a blind eye to that unfortunate fact. . I’ve seen this as well. Sometimes, even when said complainant actually recants.

Even with police witnesses, as we have discussed.

September 27, 2016

MASSACHUSETTS JUVENILES AND ADULT ARE ARRESTED IN CONNECTION WITH STOUGHTON CVS SHOOTING

by Samuel Goldberg

Usually, a stroll to the local CVS Pharmacy is something that you can assume will be non-eventful.

Not in Stoughton. Not last week.

Last week, three kids allegedly entered a Stoughton CVS, had words with another teen and then shot him.

August 16, 2016

SHOOTINGS, HOMICIDES, POLICE OFFICERS AND YOU (Part One)

by Samuel Goldberg

Do you think that, if you are neither black nor a police officer, that the dangerously intensifying tensions and battles between police officers and people of color do not effect you?

I mean, not all the folks who seem be shooting at or being shot by police officers are folks of color. But the majority of the ones who mysteriously end up dead or injured sure seem to be.

Do you think that, the way things are going, you are not more and more likely to become a victim one way or another?

Let’s look at a few recent stories which reflect the current times.

Earlier this month, the Boston Herald presented a story about the spray-painted message, “Kill Cops” gracing a skate park in Tewksbury. Not surprisingly, Deputy Chief John Voto announced that the message was concerning in light of the police killings that have increased in numbers throughout the country.

On the other side of the coin, a more recent Boston Herald story tells us about a Cambridge police officer.

This officer was allegedly relieving himself on the side of a building in Revere with a few of his friends. This, by the way, is a crime that does get prosecuted in the Commonwealth. Not so long ago, it was enough to force a person to register as a sex offender with SORB.

July 15, 2016

HOW THE POKEMON – MASSACHUSETTS CRIMINAL LAW COMBINATION COULD GET YOU ARRESTED…OR WORSE

by Samuel Goldberg

There are various periodicals we lawyers read to keep up with not only what is happening system-wide, but also what is up with the rest of the world which we might be missing due to the myopia of our work. One which I quote from often (and thankfully returns the favor from time to time) is the Massachusetts Lawyers Weekly . Another is the American Bar Association Journal . The latter has given me the idea for today’s blog.

According to the Journal, “Pokemon characters are on the loose, and it’s your job to catch and collect them.”

I suppose to those “in the know” that sounds fun. While I don’t know how this works in the “augmented reality” of Pokemon, I do know that not everything that is fun in this world is safe if you would like to keep living in relative freedom.

We are talking about the new “Pokemon Go” app, which uses your phone’s GPS and clock to detect where you are and make Pokemon characters appear on your phone screens. “The Pokemon characters may be in public places such as parks, beaches and even bathrooms, and players have to go to the locations to find them.”

Sounds safe enough, right?

Well, maybe not so much.