Boston Criminal Lawyer Blog

The criminal defense team for Officer Michael T. Jones, the Boston Police Department veteran, says that his client was not taking his medication and was drunk when he used his BPD-issued weapon to hold up a gas station in Roslindale, Massachusetts.

Officer Jones, 44, was arraigned on armed robbery charges for allegedly robbing the Best of Boston gas station last Friday and stealing $125 in cash after threatening employees at the station with his gun. Jones also allegedly tried to rob a man upon leaving the station.

Jones has pleaded not guilty to the five armed robbery charges, including assault with a deadly weapon. His criminal defense lawyer is citing diminished capacity as a factor in Jones’s case.

A 20-year-old veteran of the BPD, was arrested near his parents’ home some 30 minutes after the robbery took place. He had moved back home to help take care of his father, who has cancer. Jones was placed on administrative leave from the police force after his arrest and has been ordered to give up any weapons.

Diminished Capacity
A diminished capacity defense contends that a defendant may not have been capable, due to mental impairment or disease, of consciously reaching the mental state necessary to intentionally commit the crime that he or she is charged with. A successful diminish capacity claim can lead to reduced charges.

Armed robbery cases involve the use of a weapon to commit the act of robbery—whether at a residence, a bank, a store, a business, or on the street. In Massachusetts, it is not necessary to actually have a weapon to be charged with armed robbery. Merely threatening someone by telling him or her you have a weapon while attempting robbery can constitute armed robbery.

An arrest for armed robbery is a serious offense in Massachusetts. Depending on the circumstances and seriousness of the crime (and whether this is the first or a repeat offense) an armed robbery conviction can lead to anywhere from 5 to 20 years in prison.

It is important that you hire a good Boston, Massachusetts criminal defense lawyer to represent you if you have been charged with any kind of robbery or theft crime in Massachusetts.

Boston cop was drunk on day of alleged robbery, attorney says, Boston Herald, January 14, 2008

Boston police officer held on bail for alleged robbery, Examiner.com, January 14, 2008

Diminished Capacity, Cornell University Law School

Related Web Resources:

Massachusetts Sentencing Guidelines Grid, The Massachusetts Court System

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A Massachusetts man was arrested in connection to yesterday’s deadly home invasion in Winchester that left one man dead and the other seriously injured in what is being called a “targeted” gun attack and robbery.

Wally Jacques Simon, a 30-year-old Medford man, was arrested soon after in Boston. At his arraignment at Woburn District Court yesterday, Simon, was charged with armed assault with intent to murder and home invasion.

In the attack, 50-year-old Christopher A. Barbaro was killed after he was shot in the head. Barbaro’s 48-year-old brother Bryan sustained gunshot wounds to the chest and was robbed. This is the first homicide in Winchester in the last five years.

Massachusetts is one of the few US states with a home invasion statute. Home invasion can be committed when a person enters a home that is occupied by another person without permission to intentionally commit a crime. A person can even be arrested for home invasion by merely threatening to commit this crime.

Chapter 265: Section 18C. Entry of dwelling place; persons present within; weapons; punishment

Section 18C. Whoever knowingly enters the dwelling place of another knowing or having reason to know that one or more persons are present within or knowingly enters the dwelling place of another and remains in such dwelling place knowing or having reason to know that one or more persons are present within while armed with a dangerous weapon, uses force or threatens the imminent use of force upon any person within such dwelling place whether or not injury occurs, or intentionally causes any injury to any person within such dwelling place shall be punished by imprisonment in the state prison for life or for any term of not less than twenty years.

Simon has pleaded not guilty to the charges. His bail was set at $250,000.

If you have been arrested for any crime in Massachusetts, you shouldn’t try to defend yourself without proper, competent, and experienced criminal defense representation. Being charged with committing any crime in Massachusetts is a serious matter and a criminal conviction could ruin your life.

Man arrested in fatal home invasion, Boston Herald, October 25, 2007

Chapter 265: Crimes against the Person, General Laws of Massachusetts

Related Web Resource:

Home Invasionhttp://www.altmanllp.com/index.html, Massachusetts District Attorneys Association

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Posted In: Murder , Robbery

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Two co-defendant in the OJ Simpson armed robbery case have struck a plea agreement that reduces the criminal charges against them. As part of their respective agreements, Walter Alexander and Charles H. Cashmore will testify against the former football hero and other co-defendants in the case.

Cashmore has agreed to plead guilty to an accessory to robbery charge. His arraignment will take place on October 23. Cashmore’s defense attorney claims that his client met Simpson just minutes before the alleged armed robbery took place and did not know what he was getting involved in. Cashmore is expected to testify that guns were involved in the September 13 robbery. He could face up to five years in prison.

Cashmore had originally been arraigned on nine gross misdemeanor and felony charges, including armed robbery, kidnapping, conspiracy, and assault with a deadly weapon. If Cashmore had been convicted on just the kidnapping charge, he would have had to serve a criminal sentence of life in prison without parole.

Cashmore already has a previous misdemeanor conviction in a 1996 embezzlement case in Utah, for which he served probation.

Alexander has agreed to plead guilty of conspiracy to commit a robbery, which is a felony crime. He faces up to six years in prison.

Simpson and several others were arrested for their alleged participation in an armed robbery cases involving sports memorabilia at a Las Vegas hotel room at the Palace Station hotel casino. Simpson says he was not robbing anyone but merely collecting items that belonged to him and had been stolen. He has denied that any weapons were used.

Other co-defendants in the case are Clarence Stewart, Charles Ehrlich, and Michael McClinton.

If you have been arrested for any crime in Massachusetts, you should speak to an experienced criminal defense lawyer right away. You attorney can defend you against charges. He or she may even be able to negotiate a plea agreement, which can get the charges against you reduced.

In a plea agreement, the defendant pleads guilty under certain terms and conditions that are generally better than the conviction and sentence he would be ordered to serve if he were found guilty during a criminal trial.

Second co-defendant to testify against Simpson, CNN, October 15, 2007

2nd O.J. Simpson Co-Defendants to Plead, AP, October 15, 2007

Related Web Resources:

Massachusetts Sentencing Guidelines Grid

OJ Simpson, Court TV News

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Posted In: Criminal Law , Felonies and Violent Crimes , Robbery

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The man that Boston police have dubbed the Bonbon Bandit allegedly robbed another store on Thursday. In this attempt, the suspect, who is blamed for at least 18 robberies at upscale clothing, food, and decorating stores at the South End and in downtown Boston, robbed a five-and-dime store on Albany Street.

A witness says the man entered the shop at 5:30 in the afternoon, took a bottle of water from the cooler, and went to the counter where he then took cash from the register.

The Bonbon Bandit is known for striking at businesses where there are primarily women employees and no security cameras. Seven of the places robbed by the alleged suspect were ice cream shops. He is also a suspect in several other robberies, including thefts that took place at stationary shops, a candle store, gift shops, and a dry cleaner’s.

The suspect has allegedly used a handgun, a sawed-off shotgun, and a knife during some of the robberies.

Robbery is considered a violent crime in Massachusetts. It is what occurs when someone uses intimidation or violence to take someone else’s property. When the suspect uses a gun, knife, or another weapon to commit the robbery, then the crime becomes armed robbery.

Under Massachusetts General Laws—Crimes Against the Person—Chapter 265, Section 17:

“Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offence described herein while masked or disguised or while having his features artificially distorted shall, for the first offence be sentenced to imprisonment for not less than five years and for any subsequent offence for not less than ten years.

Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years.

Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than 15 years.”

If you are a suspect in an armed robbery case, it is important that you hire an experienced criminal defense lawyer right away. Your criminal defense attorney can defend you against false charges, file motions to get certain evidence suppressed, or possibly get the charges dismissed.

Cops: Bonbon Bandit Quenched Thirst in Latest Theft, Boston Herald.com, July 7, 2007

Boston Police Hunt for Sweet Shop Bandit, Forbes.com, July 6, 2007

Massachusetts General Laws - Crimes Against the Person - Chapter 265, Section 17

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