Larceny From the Person

Larceny from the person is defined as the wrongful taking of personal property from the person of another, or from the immediate area of control of another, with the intent to deprive that person of such property permanently. “Victims” often throw around words like steal or pickpocket, which is often just colloquialism and doesn’t explain what may or may not have happened.

In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:

1. That the defendant took and carried away property;

2. That the property was owned or possessed by someone other than the defendant;

3. That the defendant took the property from the person of someone who owned or possessed it or from such a person’s area of control in his or her presence; and

4. That the defendant did so with the intent to deprive that person of the property permanently.

It is important that if you are charged with any type of crime involving larceny, that you speak to an experienced criminal defense attorney as soon as possible. Do not hesitate to contact out office at (978) 342-3422 or visit us at www.bclawma.com.

Opinion Evidence in OUI Cases

Many times the prosecution is forced to rely on opinion evidence when someone is charged with Operating Under the Influence (OUI). It is very important that you retain an experienced OUI attorney to navigate and poke holes in the Prosecution’s argument. Here, at Boyle & Carbone, P.C., we not only have the experience, we also have a passion for helping those who may have been taken advantage of.

Often, the Prosecution will address many physical observations that were made by the arresting officer such as slurred speech, glassy eyes or an odor of alcoholic beverage. It is the job of defense counsel to refute these observations and give the judge or jury another reason why, for instance, a person’s eyes were glassy. Maybe he or she just got out of work and was really tired. Police Officers may offer their opinion but they are not medical personnel and this makes the information less credible and open for a defense attorney to attack.

If a preexisting medical condition has anything to do with an arrestee’s failure to complete any physical tests or as to his or her appearance, counsel may offer the opinion of a treating physician as to why he or she was unable to perform or appeared a certain way.

If you, or anyone you know has been arrested for an OUI, please call our experienced defense team today. (978) 342-3422.

Contact Info

Donovan G. Boyle

Attorney at Law

Boyle & Carbone, P.C.

625 Main Street

Fitchburg, MA 01420

Office: (978) 342-3422

Fax: (978) 342-3426

dgboyle@bclawma.com

www.bclawma.com

Elements of Assault & Battery

The law recognizes two types of assault and battery: (a) Intentional Assault & Battery and (b) Reckless Assault & Battery. Here, at Boyle & Carbone, P.C., we can provide a unique defense and help prove your innocence when charged with Assault or Assault & Battery. In order to prove an intentional assault and battery the state must prove three elements beyond a reasonable doubt: (1) That the Defendant TOUCHED the person of the alleged victim without having any right or excuse for doing so; (2) That the defendant intended to touch the alleged victim; and (3) That the touching was EITHER likely to cause bodily harm to the alleged victim or was done without the consent of the alleged victim.
 


In order to prove an assault and battery by reckless conduct the state must prove two elements beyond a reasonable doubt: (1)That the defendant intentionally engaged in actions which caused bodily injury to the alleged victim. The injury must be sufficiently serious to interfere with the alleged victim's health or comfort. It need not be permanent, but it must be more than trifling. For example, an act that only shakes up a person or causes only momentary discomfort would not be sufficient. (2) The state must prove that the Defendant's actions amounted to reckless conduct. A person acts recklessly if he knew, or should have known, that his actions were very likely to cause substantial harm to someone, but he ran that risk and went ahead anyway. In other words, a swing and a hit is an assault and battery. A swing and a miss is an assault.

Assault alone does not require an actual contact but does require placing the victim in fear of an imminent touching. Again, many times this is based on the reasonable person test, which was discussed in previous blog posts. Set up a free consultation to speak to an experienced criminal defense attorney at Boyle & Carbone, P.C. today.

What is probable cause?

The test as to whether an arresting officer has “probable cause” is one of reasonableness. In order to make an arrest an officer must have knowledge through facts or circumstances that a crime has occurred. Oftentimes, probable cause is a big issue in criminal cases and here at Boyle & Carbone, P.C., we fight to make sure that police were following the rules. What is characterized as probable cause may just be a mere suspicion and it is important to retain counsel that can decipher that.

Remember, an officer must have probable cause at the time of arrest. If you arrested and it is based on a suspicion, then your arrest was likely unlawful. For instance, if an arrest for drug possession is subject to laboratory testing because police were not sure of what the substance seized was, then probable cause did not exist at the time of arrest. These procedural issues can be daunting which is why it is very important to speak with an experienced and competent Defense Attorney. Schedule your free consultation today by calling (978) 342-3422.

Contact Information

Nicholas Carbone

Attorney at Law

Boyle & Carbone, P.C.

625 Main Street

Fitchburg, MA 01420

Phone: (978) 342-3422

Fax: (978) 342-3426

njcarbone@bclawma.com

www.bclawma.com

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Melanie's Law

A law passed in 2005 regarding operating under the influence makes penalties seem harsh and have made many people question if this is a restraint on individual liberty. We are not advocating drinking and driving or vouching for those that do but we are bringing to light some concerns about the status of the law. At Boyle & Carbone, P.C., we can help you navigate the laws and feel like you are not being taken advantage of by the system. Melanie’s Law was amended in 2012 and I have highlighted some of the points here:

FOR FIRST OFFENDERS WITH MASSACHUSETTS OUI CHARGES

▪   No 15 day temporary license, suspension is immediate

▪   May impound your car for 12 hours

If You Refused the Breath Test:

▪   License Suspension consecutive with any OUI conviction penalty if convicted

▪   Under 21 Breath Test refusal 1st OUI offense – 3 year license suspension

The Breath Test refusal penalty is a 180-day license suspension (no change with Melanie’s Law, other than the consecutive license suspension)

If you are Found Guilty:

▪   Under 21 with BAC of over .20 must attend a 14-day second offender in-house program

FOR 2ND OFFENSE OUI CHARGES:

If You Refused the Breath Test:

▪   3 Year License Suspension, consecutive with any OUI conviction penalty

▪   Under 21 Breath Test refusal 2nd OUI offense – 5 year license suspension

If you are Found Guilty:

▪   Not eligible for work/school hardship license for 1 year (+3 additional years of if you refused the breath test)

▪   As of 1/1/06, ignition interlock device installed in your car at your own expense for 2 years as a condition of license reinstatement.

FOR THIRD OFFENSE OUI MASSACHUSETTS CHARGES

If You Refused the Breath Test:

▪   5 year license suspension just for refusing, even if you are later acquitted

▪   Under 21 Breath Test refusal 3rd OUI offense – Lifetime license suspension

If you are Found Guilty:

▪   They can seize, keep, and sell your vehicle for a third or subsequent OUI offense..

▪   Not eligible for work/school hardship license for 2 year (+5 additional years of if you refused the breath test)

▪   The Registry may cancel your registration while your license is suspended for a third or subsequent OUI offense.

Melanie’s Law is well intended but it created a series of new laws with a series of new penalties which get progressively painful to comply with. Come in for a consultation and speak to an experienced OUI Defense Attorney today.