Boston Criminal Lawyers Blog
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Three men have been arrested in connection with last week’s Home Invasion in Haverhill. All three men have been charged with Massachusetts Murder Charges, as well as Home Invasion, and Gun Crimes Charges.

According to the Essex County District Attorney’s Office, several men attempted to gain access to and rob an apartment on River Street in Haverhill. The attempted robbery went bad, and eventually led to two people being killed, and others seriously injured from gunshot wounds.

The violent crime of Home Invasion in Massachusetts is defined as the entering into the home of another while armed and where the use or threatened use of force is employed. Home Invasion carries a potential penalty of not less than 20 years and up to life in state prison.

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cocaine.jpgThe Norwood Police Department last week arrested 3 men on Massachusetts Drug Crimes Charges who they claim to be key suppliers for drugs in the Town of Norwood.

The 3 men, one from Boston, Quincy and Fall River, were all arrested following a drug investigation with several ‘controlled drug purchases’ in Norwood that also led to a drug house in Randolph. All three men were charged with Drug Trafficking in Cocaine and Heroin and Conspiracy to Violate the Massachusetts Drug Laws.

Drug Trafficking in Massachusetts is defined as the knowing or intentional manufacture, distribution or possession with intent to distribute certain net weights of controlled substances. The penalties for a conviction for drug trafficking varies depending on the weight and the alleged substance.

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The Massachusetts Supreme Judicial Court recently considered a case where a Milford woman was charged with Murder when she gave birth without medical assistance that resulted in the death of the baby (the baby was later found in the trash).

In its decision, the Court refused to impose a duty upon women that they must seek medical intervention when undergoing unassisted childbirth. The court thereby affirms a person’s protected liberty interest in refusing unwanted medical treatment.

In this case, the Massachusetts woman realized she was pregnant after missing her period and then taking a home pregnancy test. She didn’t tell anyone about the pregnancy and chose not to see a doctor. Approximately 6 months later, the woman believed she was experiencing a miscarriage and her water broke. After 5 minutes, the baby emerged from her body but was blue.

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The Suffolk County District Attorney’s Office recently indicted a man on Massachusetts Sex Crimes Charges for an alleged sexual assault that occurred on the MBTA’s Green Line in 2004.

According to prosecutors, the man was riding on the MBTA’s B Line and allegedly positioned himself behind a female rider and began to inappropriately touch himself. When the woman left the train, she noticed ‘stains’ on her purse and pants. MBTA Police seized the purse at the time and, working with the Boston Police Department, were allegedly able to extract DNA from the purse and create a genetic profile. That genetic profile was entered into the CODIS database that triggered a purported match of this defendant in 2011.

The man was charged with the Massachusetts Sex Crime of Indecent Assault & Battery on a Person Over 14, which carries a potential penalty of 2.5 years in the House of Corrections; or a state prison sentence of no more than 5 years.

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A Massachusetts State Trooper’s home was the subject of an attempted robbery and shooting this past weekend by a man reportedly from Oklahoma who was in town for a family funeral. The man, charged with Massachusetts Crimes of Violence Charges, was arraigned in Plymouth District Court on charges including Home Invasion, Attempted Murder, and Gun Crimes Charges.

According to the Plymouth County District Attorney’s Office, the man allegedly appeared at the Massachusetts trooper’s home with a gun and attempted to gain access. When other police officers responded to the area, the man then allegedly fired his gun at them.

The crime of Home Invasion in Massachusetts is defined as the unlawful entry into the home of another with the threat to use force and while armed with a dangerous weapon. The penalty upon conviction for the crime of Home Invasion is severe, which carries a minimum-mandatory sentence of 20 years and up to life in state prison.

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Two Boston city employees were arraigned this morning on Massachusetts Drug Crimes Charges following their arrest last friday. Each were charged with Drug Distribution; Unlawful Drug Possession; School Zone Violation; and Conspiracy to Violate the Drug Laws.

According to the Suffolk County District Attorney’s Office, one of the city workers was employed as a Boston parking enforcement officer and the other, while the other was employed as a Boston crossing guard.

Boston Police were reportedly conducting surveillance when they allegedly observed the parking enforcement officer, while in uniform, enter a vehicle and then get out with his fist clenched. Police allegedly recovered two percocet pills when he was later stopped and searched.

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Enacted in 1998, the Massachusetts Armed Career Criminal Statute, M.G.L. c. 269, section 10G, otherwise known as “ACC”, imposes enhanced penalties for persons previously convicted of a “violent crime” or a “serious drug offense.”

Depending on the number of prior convictions that might form the basis of an ACC enhanced indictment, a person may be indicted as an armed career criminal as a level 1, 2 or 3. ACC Level 1 provides for an additional punishment of a minimum-mandatory sentence of 3 to 15 years; Level 2 provides for 10-15 years; and Level 3 provides for a 15-20 year sentence to state prison.

But what “violent crime” is sufficient to form a basis of an enhance Armed Career Criminal indictment?

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A Cohasset man was arrested for Massachusetts Murder Charges following the family brawl that ended in the death of his brother-in-law. The man was arraigned in Quincy District Court earlier this week and charged with Manslaughter.

According to the Norfolk County District Attorney’s Office, Cohasset police responded to the defendant’s home and found him to be unresponsive. The victim’s father told police that family were celebrating the man’s birthday when he became loud and began swearing. One witness told police that the victim had gone into a rage and had hit someone over the head with a chair.

The defendant allegedly tried to calm him and the two began fighting, eventually putting the victim in a headlock. When the defendant released him, the victim was motionless and unresponsive.

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In the recent case of Commonwealth v. Leslie Burton-Brown, the Massachusetts Supreme Judicial Court considered the issue of whether a gun, manufactured before 1900, were unlawful to own/possess under the Massachusetts’ Gun Crimes Laws.

After a jury trial, the defendant was convicted of Unlawful Possession of a Firearm, Unlawful Possession of Ammunition, and Unlawful Possession of a Loaded Firearm. In his appeal, the defendant asserted that his convictions should be overturned because the gun at issue was manufactured before 1900, and under the law as written, he could lawfully possess the firearm with having been issued a license to carry.

Under the statute which criminalized the possession of a firearm without a license, the language further reads that the “…provisions of the [statute] shall not apply to…any firearms, rifle, or shotgun manufactured in or prior to the year 1899.”

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A Boston man and woman from Dedham were arrested by Braintree Police Officers this yesterday on Massachusetts Drug Crimes Charges in what police are calling a “month-long investigation.”

Aris W. Veras, 35, of Boston, and Luz M. Cepeda, 29, of Dedham, have both been charged with Drug Trafficking, Distribution of Heroin and Cocaine, and Possession with Intent to Distribute Drugs.

According to the Braintree Police, search warrants were executed for two cars and a home in Dedham when an undercover police officer allegedly purchased drugs from Veras and Cepeda. Following the alleged transaction to the undercover police officer, both were arrested on drug charges.