(978) 443-2700
(978) 460-5578
Generally speaking, an owner of property may not use deadly force to defend the property. Society values human life and bodily integrity much more than property. Therefore, the life, health and safety of an individual, even an intruder, is considered to be more valuable than the china or stereo, which that individual is trying to steal.
The terms assault and battery are often erroneously used interchangeably. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, where the defendant has threatened some use of force, creating an apprehension in the plaintiff,
Generally, the drunk driver who caused the accident is responsible to the persons injured by the accident. However, in some cases, the injured party (or his or her family members) may file an action against a third party for damages arising from a drunk driving accident. A third party claim in such an accident may be against a variety of
Assault and battery are actually two separate legal claims. Most commonly, they go together, but they do not have to. It depends on the circumstances of your injuries; you may have a claim for assault, a claim for battery or both. Both claims require that the assailant intended to harm the victim. The harm may be to induce fear in
Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many
Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit
Most people are unaware of their rights concerning being stopped for suspicion of drunk driving. For example: You have the right to refuse a breathalyzer test (although there is a license suspension as a result). You have a right to refuse to perform field sobriety tests, such as walk and turn, finger to nose, etc. You have
Many Massachusetts OUI cases can be successfully defended. The first step in the analysis is looking at the reason for the stop: did the officer observe a civil infraction? If not, the stop itself may be illegal, and the accused may be able to force the case to be dismissed as a result. If the stop was legal, the next
OUI penalties under Massachusetts law are graduated – the minimum penalties increase if there is a second or third offense. This next section will discuss minimum penalties for first offenses and second offenses. The minimum penalty for conviction of a first offense charge of OUI is 1 year of probation, attendance with a 18 week alcohol education program, 45 to
The criminal legal process can unexpectedly affect otherwise law abiding citizens for a number of reasons. Frequently these include motor vehicle offense, including accusations of drunk driving, accusations of assault and battery, violating a restraining order, or accusations of violations of drug laws. The vast majority of criminal cases brought in Massachusetts are brought in the District Court system. The
Generally speaking, an owner of property may not use deadly force to defend the property. Society values human life and bodily integrity much more than property. Therefore, the life, health and safety of an individual, even an intruder, is considered to be more valuable than the china or stereo, which that individual is trying to steal.
The terms assault and battery are often erroneously used interchangeably. An assault can be defined as the threat to use unlawful force to inflict bodily injury upon another. The threat, which must be believed to be imminent, must cause reasonable apprehension in the plaintiff. Therefore, where the defendant has threatened some use of force, creating an apprehension in the plaintiff,
Generally, the drunk driver who caused the accident is responsible to the persons injured by the accident. However, in some cases, the injured party (or his or her family members) may file an action against a third party for damages arising from a drunk driving accident. A third party claim in such an accident may be against a variety of
Assault and battery are actually two separate legal claims. Most commonly, they go together, but they do not have to. It depends on the circumstances of your injuries; you may have a claim for assault, a claim for battery or both. Both claims require that the assailant intended to harm the victim. The harm may be to induce fear in
Drunk Driving (referred to as OUI, DUI, DWI, and OWI) is one of the most common criminal charges brought in Massachusetts. Under Massachusetts drunk driving law the charge is referred to as Operating Under the Influence (OUI), and that is the term that we shall use here. While actual drunken driving is a clear danger and a serious problem, many
Most Massachusetts OUI arrests begin with an evening or late night traffic stop by a Massachusetts police officer, usually for some other offense, such as speeding or crossing over a marked lane. As a result of the traffic stop, the officer comes face to face with the accused, and may smell alcohol. Often the accused is then asked to exit
Most people are unaware of their rights concerning being stopped for suspicion of drunk driving. For example: You have the right to refuse a breathalyzer test (although there is a license suspension as a result). You have a right to refuse to perform field sobriety tests, such as walk and turn, finger to nose, etc. You have
Many Massachusetts OUI cases can be successfully defended. The first step in the analysis is looking at the reason for the stop: did the officer observe a civil infraction? If not, the stop itself may be illegal, and the accused may be able to force the case to be dismissed as a result. If the stop was legal, the next
OUI penalties under Massachusetts law are graduated – the minimum penalties increase if there is a second or third offense. This next section will discuss minimum penalties for first offenses and second offenses. The minimum penalty for conviction of a first offense charge of OUI is 1 year of probation, attendance with a 18 week alcohol education program, 45 to
The criminal legal process can unexpectedly affect otherwise law abiding citizens for a number of reasons. Frequently these include motor vehicle offense, including accusations of drunk driving, accusations of assault and battery, violating a restraining order, or accusations of violations of drug laws. The vast majority of criminal cases brought in Massachusetts are brought in the District Court system. The
(978) 443-2700
(978) 460-5578
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(978) 443-2700
(978) 460-5578