Criminal Law

Felony

Mgl Ch.274 S.1 warrant-less arrest in the state of Massachusetts. Punishable by sentence in state prison

Misdemeanor

Punishable in house of corrections.

Only arrestable by statue : domestic

In officers presence

or for breach of peace

Threats to commit a crime

Mgl 275 S.2- complaint only

Defendant communicates (verbally or in writing) the intent to injure a person or property of another, now or in the future.

Target, defendant intends threat be communicated to specific target

Crime, if carried out would amount to a crime

Place victim in reasonable fear

Intent Defendant knew or disregarded the risk that his threats would cause victim fear

Assault MGL 265 s 13a

Occurs in 2 ways:

(1)An attempted battery (fear not necessary): suspect intended to commit unpermitted touching, made an overt action, and came reasonably close

(2) placing someone in fear of battery (Threats) : suspect intentionally engaged in menacing conduct that caused victim to fear imminent battery.

Right of arrest:

Basic offense: Misdemeanor Complaint unless occurring in officers presence and amounting to breach or peace.

Assault By means of a Dangerous weapon

MGL 265 s 15B

Assault by attempted or threatened battery with intent to cause fear. And by using a dangerous weapon.

ROA: Felony

“Per Se” or by itself dangerous weapon

Items which, by their nature, cause serious injury or death.

Weapons such as guns, knives, brass knuckles, OC spray, and numb-chucks are designed to injure or kill. Thus, the suspect does not need to use these weapons in a dangerous fashion.

MGL. 265s 58, Possession of deceptive weapon device during commission of violent crime

Suspects who Possess a device that is intended to convey the presence of a rifle, shotgun, or firearm that is used in the commission of a violent crime shall be deemed aa armed.

If suspect claims to have a “per se” weapon but does not show it they are still guilty of ADE

“Dangerous use” Wepon

Normal items become weapons when used in a dangerous fashion.

such as sucking a German shepherd on someone.

for threatened battery, suspect must brandish, display, or talk about his “dangerous use” item in a way that is designed to make the victim afraid.

Assault and battery

Occurs in 3 ways:

Offensive: Intention, unpermitted touching of another,

Harmful: Intentional, harmful, touching of another

Reckless: A reckless act that caused injury to another

Contact must be on purpose The law does not punish incidental contact

ROA: misdemeanor, complaint unless breach of peace or occurs in officers presence. Felony of causes serious bodily injury.

Unique applications: if suspect placed victim in fear, and the victim injured themselves while trying to escape, the suspect has committed assault & battery

Delivering food that contained a no -lethal substance that is intended to cause discomfort. A& B. Also Mgl 270 s 8A could be used as a felony charge.

Assault by means of Dangerous Weapon

265 s15a

Intentional harmful touching,

By means of a dangerous weapon

Mayhem

265 s 14

Suspect maliciously intended to maim or disfigure by way of the following:

Cut out or maimed the tongue;

Put out or destroyed an eye;

Cut or tore off an ear;

Cut, slit or mutilated the nose or lip;

orCut off or disabled a limb or member of the victim.

someone that is privy to another’s intent to maim or disfigure or was present or aided in the commission is guilty of this crime