Articles Posted in Theft Crimes

In response to a recent wave of church break-ins, Boston police are sending officers to churches around the city to gather information and give security-related advice. Roxbury’s Mission Church, formally named the Basilica of Our Lady of Perpetual Help, was broken into twice last month, and police think that the same suspect is also responsible for other thefts reported on November 22 and November 29.

A surveillance video released by police shows the most recent break-in. According to the Boston Globe, it captures a man forcing his way into a locked area of the church and leaving with a “gold object.”

St. Anthony Shrine, a Catholic church on Arch St. in Downtown Crossing, was broken into on November 17. There was damage to the property including a shattered window, but nothing of value was taken because, the executive director of the shrine thinks, the two donation boxes had been emptied earlier in the afternoon.

The person who is charged in connection with these church break-ins, or any one of the break-ins, will be facing some potentially severe punishments for burglary and other crimes. Here, it does not matter that the churches are not “dwellings” in the traditional sense (i.e. places where a person sleeps regularly)because Massachusetts has made statutory modifications to the definition of burglary and it includes breaking and entering into any building at any time with intent to commit a felony.

Even though nothing of value was taken from the St. Anthony Shrine, it doesn’t matter because a felony doesn’t have to be committed as long as it is proven that the defendant intended to commit a felony.

Burglary is punishable by up to 20 years if the defendant was not armed and didn’t make an assault. If you have been charged with burglary, call a defense lawyer right away.

Sources:

The Boston Globe, Boston police seek suspect in several Boston church break-ins

The Boston Globe: St. Anthony Shrine damaged during break-in
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As we end our Thanksgiving celebration for 2010, the Boston Criminal Lawyer Blog brings you yet another reason to be grateful. We, as a society, have made another step forward in the cause of equality. This blog being what it is, of course, that stride involves the criminal justice system. More specifically, it is in the genre of Massachusetts robberies.

We break this “good” news with the story of Cheryl Fitzgerald (hereinafter, the “Defendant”), a young lady who, on September 22nd, is alleged to have entered the Hometown Bank in Webster wearing a New England Patriots cap and giving the teller a note stating “Give me the money. No dye packs.”

The Defendant was arrested on November 7th in Daytona Beach, Florida, and then extradited back to the Commonwealth. Finally, she was arraigned in Dudley District Court and ordered held on $5,000 bail. She stands charged with unarmed robbery and larceny over $250. Since the robbery was of a bank, she could also end up facing charges in federal court.

The investigating detective, Webster police detective and 17-year police veteran James T. Hoover, recognized this robbery as a breakthrough of sorts. He explained, “I have had 15 bank robberies in my career and that is my first woman…that (bank robbery) was our fourth one this year.”

But, a man of the times, Detective Hoover said that the fact that the suspect was a woman was not really much of a shock.
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Since it is the holiday season, Attorney General Martha Coakley is reminding consumers and businesses about Massachusetts laws regarding return policies and final sales, and prosecutors are focusing on fraud and bad checks.

District Attorney Daniel F. Conley is offering help to Suffolk County businesses (those located in Boston, Chelsea, Revere and Winthrop) to cover bad checks and get the offender credit counseling. The idea is that many bad check cases can be resolved without using the time and resources that criminal prosecutions require.

Conley’s plan is called the Bad Check Restitution Program, and its main goal is to get restitution for local businesses and simultaneously deter repeat offenders. Specifically, a mandatory intervention class (in addition to restitution) is available for first time bad check offenders. Such offenders will have to complete the class at their own expense.

In Massachusetts, writing a bad check is a crime called “larceny by check” where the person knew at the time he/she wrote the check that there were not sufficient funds in the bank to cover the check and he/she intended to defraud the bank or other party. If the value is $250 or less, it is a misdemeanor. If the value is more than $250, it’s a felony. Checks for more than $2,500 will not be eligible for Conley’s program, but there are no minimum dollar restrictions for eligibility.

Source: The Boston Globe, Prosecutors offer holiday shopping advice for consumers and businesses
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In East Boston District Court, Sharnell Donahue, 31, and Diane Tuck, 51, have pleaded not guilty to the Massachusetts criminal charge of armed assault with intent to rob. Donahue also entered not guilty pleas to the charges of assault and battery with a dangerous weapon and armed assault with intent to murder.

Donahue is accused of allegedly stabbing a 44-year-old woman in the chest in Winthrop on the evening of November 11 and conspiring with Tuck and a 15-year-old girl of robbing the victim of drugs. Police were able to apprehend Donahue and Winthrop because of information gathered from witnesses, including the license plate number of a vehicle seen driving away from the stabbing scene. A black ski mask, which Donahue allegedly wore during the alleged assault, was found in the station wagon. Tuck had a knife with her when she was apprehended.

A judge has ordered Donahue and Tuck to stay away from the victim. Bail was set at $50,000 each and upon posting it the women would have to wear a GPS locating device.

Massachusetts Assault and Battery
Assault usually includes a threat of violence, while battery implies the unlawful physical contact of another person without permission granted. No physical harm needs to have occurred for an assault and battery charge to be filed. In some cases, the alleged threat and intended act will suffice.

Common Massachusetts Assault and Battery Charges:
• Indecent assault and battery
• Aggravated assault and battery
• Vehicular assault
• Assault and battery with a deadly weapon
• Assault and battery upon a child
• Assault with intent to kill • Assault with intent to rob or murder
• Assault with intent to commit a felony
• Assault with intent to commit rape
There are serious consequences that come with a conviction for a Boston assault and battery crime.

Everett women face stabbing charges, Boston Herald, November 12, 2010
Two Everett women deny role in stabbing of woman in Winthrop, Boston.com, November 12, 2010

Related Web Resource:
Massachusetts General Laws

The Journal of Criminal Law and Criminology
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After a week nursing an eye issue, I am back to my Boston Criminal Law Blog…although it may take another week or two to go daily. I plan to blog Monday, Wednesday and Friday this week. Hopefully, the other “mini-blogs” are keeping you informed, if not entertained, in the meantime. However, in my absence, I see (to the extent that my temporary eye patch will allow) that not very much has changed. College campuses are still the scenes of crime, shootings continue and police officers continue to assault and be assaulted.

Let’s take Cambridge’s Harvard University for example.

Kai Robert Kruger, 21 (hereinafter, the “Defendant”) ran into a bit of trouble on Harvard’s campus this weekend. According to authorities, he was arrested after firing a gun at a police officer and attempting to rob three Harvard University freshmen at gunpoint.

Apparently, the Defendant had stolen the students’ wallets, credit cards and cell phones before the officer’s arrival.

But then, his luck began to turn.
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Someone looted money from collection boxes and smashed a stained glass window at Roxbury’s Mission Church this weekend. Church personnel reported the theft on Sunday morning. Police told the Boston Globe that between $200 and $300 could have been in the collection boxes.

The church, formally named Basilica of Our Lady of Perpetual Help, is well-known for being the site of the late Senator Edward Kennedy’s funeral. The stained glass window that was smashed was estimated to be more than 100 years old.

Police are investigating the crime.

Source: The Boston Globe, Thieves loot poor boxes at Roxbury’s Mission Church

If you have been charged or think that you are being investigated for a theft crime in Massachusetts, it is important to contact a criminal defense lawyer. There is a wide range of potential punishments for Massachusetts theft crimes, and the penalties can be very serious.
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An armed robbery occurred early Thursday in the famous Harvard Yard. A man who was unaffiliated with Harvard University was robbed at gunpoint outside of a freshman dorm around 2:45 a.m. He gave his wallet to the robber and fled from the area. The robber was described as a thin, 5-foot-9 Hispanic male in his 20s.

In Massachusetts, armed robbery is governed by Massachusetts General Laws Chapter 265 Section 17. The law makes armed robbery punishable by up to life in prison. If the robber was masked or wearing a disguise at the time of the robbery, there is a 5-year mandatory minimum sentence.

Usually in robbery cases, the critical issue will be the identity of the alleged robber. It is important to contact a lawyer if you suspect that you are being investigated in connection with a robbery.

The Boston Globe: Armed robbery reported in Harvard Yard

Call the Experienced Criminal Defense Attorneys of Altman & Altman LLP Today at (617) 492 3000 or (800) 481 6199

At Altman & Altman LLP, our criminal defense lawyers have more than four decades of experience. We will gladly answer any questions that you might have in a free initial consultation.
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Christopher Higgins, a 43-year-old Dorchester man, pleaded not guilty Thursday in West Roxbury municipal court to one count of unarmed robbery and was held on $5,000 cash bail.

It is alleged that Higgins robbed a West Roxbury bank and tricked his friend into driving the getaway car by saying he got into a fight at the bank and had to leave quickly. Police interviewed and released the friend.

Police told the Boston Globe that the robbery happened Wednesday when a white male in a ski mask and hooded sweatshirt robbed Hyde Park Savings Bank. Shortly afterwards, the police saw a car matching the description that bank employees gave them. The friend gave police the address where Higgins might be staying, and they spotted a man fitting the description moments after arriving. Higgins fled on foot but was arrested soon afterward.

The Boston Globe: Bank robber allegedly tricked friend into driving getaway car
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Perhaps it is my fault. Maybe I have been concentrating on tales of police investigations into crimes like murder, robbery and assault, that I have neglected to remind you that the “self-help” approach is seldom applauded in criminal justice.

I know that this may be counter-intuitive for many of you, but if an unknown gentleman climbs through your window at night and, after noticing you, suddenly freezes and says, “Oh [expletive]!”, you do not have the right to simply pick up your trusty bazooka and simply wipe him off the face of the Earth.

Let’s take a specific example. Jose C., a Lawrence gentleman (hereinafter, the “Defendant”), was leaving a friend’s house on Monday when he was accosted.

He was approached by two men with weapons who demanded that he give them money.

The Defendant explained that he had no money to give them.

The men apparently took the news in stride; they stole his car instead.
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A Winchester gentleman is probably reconsidering last week’s recent trip to Boston. This would be because his adventures therein have brought him not only forced monthly visits to Beantown, but also the need for a criminal defense attorney and a couple of blots on his criminal record concerning a certain robbery.

In other words, he was arraigned on Monday.

I am referring to Mr. Ernest G., 28 (hereinafter, the “Defendant”).

You see, the Defendant is now facing criminal charges for allegedly trying to steal a 73-year-old Marblehead woman’s bag in Boston’s South End. Of course, according to the Commonwealth, said theft did not go so well.

When the Defendant allegedly grabbed the bag near the intersection of Columbus Avenue and Yarmouth Street, he fled toward the Southwest Corridor. When he did so, The woman’s grandson and granddaughter ran after him, as did a police officer.
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