Articles Posted in Felonies

One of the most frequently used phrases in criminal law is “probable cause.” In Massachusetts, probable cause is necessary to arrest someone, conduct a search without a warrant, detain a person arrested on suspicion of having committed a crime or to obtain a search warrant. The rule applies to both felonies and misdemeanors. While the definition of…

Many people in Massachusetts realize that the state has a sex offender registration act, but few understand its mechanics. The United States Department of Justice also maintains a sex offender registration list, but the existence of this list and how it may be accessed are very poorly understood. Both statutes are intended to provide information…

A common question asked by criminal defendants with histories of prior criminal activity is whether evidence of a prior crime can be used to prove guilt. For example, a person who is accused of felony drug charges may have been convicted of a similar crime on a prior occasion. Can that earlier conviction be used to prove…

The English common law has given courts in the United States, both local and federal, many doctrines that are routinely applied in criminal and civil cases. One of the oldest and best known of such rules is the felony murder rule. The rule states that anyone who participates in a felony during which a person is killed…

Those defending against a felony charge in Massachusetts face varying punishments depending on the nature of their offense. A conviction for any felony carries serious consequences such as prison time and fines. For example, if convicted of felony drug charges, defendants may be required to serve up to 20 years in prison and pay a…

A previous blog post discussed the process of appealing a criminal conviction or sentence in Massachusetts. Harmless errors – or ones that do not affect the substantial rights of the defendant – will not justify reversal. To justify reversal, the error must have been a harmful error affecting the substantial rights of the defendant. The…

In Massachusetts, possession with intent to distribute is a felony drug charge, regardless of the type of drug the defendant is accused of having. Those convicted of possession with intent to distribute may face up to two years in jail for a first offense. Second and subsequent offenses may carry more serious sentences depending on…

A previous blog post discussed the process of appealing a criminal conviction or sentence. If the trial court error involved the defendant’s constitutional rights, the conviction would be subject to automatic reversal. Otherwise, a reversal will only be granted to defendants who can show that a harmful error occurred which affected their substantial rights. Harmless…

Once defendants have been convicted, they have the right to appeal on certain grounds. In Massachusetts, a defendant may appeal in several circumstances including when new evidence was discovered that could affect the outcome of the case, evidence was improperly admitted, incorrect legal rulings or jury instructions were given or other legal errors were made…

A previous blog post discussed the potential penalties for burglary and robbery and the differences between the two. Those accused of burglary or robbery should also know the legal defenses that may be asserted in response to the accusation of such a serious crime. Legal defenses may be claimed when facing charges of either burglary…