Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Boston Police Officer, Accused of Robbing A Roslindale, Massachusetts Gas Station, Was Off His Medication

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.

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
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.

The criminal defense law firm of Altman & Altman LLP can protect your rights and work toward the best outcome possible in your case. We will file and argue motions and try to secure a plea agreement where possible. Our criminal defense lawyers will fight for you if your case goes to trial. Contact Altman & Altman LLP today.

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