Massachusetts Criminal Defense Attorney Blog
A forty year old Foxborough, Massachusetts man was charged with Threatening to Commit a Crime in the Wrentham District Court. According to reports, the defendant told a Foxborough selectman that he was “a dead man” if he did not change his position on casino development in the town. The defendant was arrested and a stay away order was placed into effect. A judge sitting in the court ordered bail set at five thousand dollars.
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Norfolk County Criminal Defense Lawyer
Wrentham Court Criminal Lawyer
The crime of Threatening to Commit a Crime in Massachusetts is established through Massachusetts General Laws Chapter 275 Section 2. The law states that “[i]f complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant.” The elements of this offense include an expressed intention to commit a crime on someone coupled with “an ability to do so in circumstances that would justify apprehension of the recipient of the threat”. This crime is limited to cases where the accused actually causes fear to the victim. The victim’s fear must be justifiable a justifiable fear. This crime is a misdemeanor in Massachusetts. There is a maximum six months jail time for a conviction and a fine of up to one hundred dollars.
This crime is one of the most common in the Massachusetts district courts. Massachusetts Courts have set a broad interpretation of what constitutes a threat and certainly in this case the prosecutor could make out his case if the witness testified as the reports suggests. These cases are usually dismissed on court costs. Sometimes pretrial probation is offered as a disposition. Rarely do you see these cases going to trial. Prosecutors are not usually adamant about an imposition of guilty on Threats cases. The charge of threats is often ancillary to a much larger charge encompassing more serious conduct. This case is the first time I can remember a judge setting bail on a charge of Threatening to Commit a Crime without additional charges being brought. A bail of five thousand dollars is particularly high and I imagine that the complainant’s status as a selectman had something to do with this. Regardless of the bail situation however, on cases charging Threats only a Massachusetts Criminal Attorney should be able to resolve this case in a way that does not leave the accused with a criminal record.
If you have been charged with a crime in Massachusetts call the Law Offices of Stephen Neyman. We can be reached at 617-263-6800. You can email us as well. Anyone charged with a crime needs a lawyer. Our office has the experience you need to properly defend you case. Do not wait. Start your defense right now.