Assault & battery is a very serious crime.

The SRIS Law Group Massachusetts assault & battery attorneys can defend you against any type of assault charge.

OurMassachusettsassault & battery lawyers have the experience to defend you against any type of assault & battery charge.

Contact a SRIS Law Group Massachusetts assault & battery lawyer inMassachusetts.

SRIS Law Group Philosophy

How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event.  Don’t let someone who will not keep you informed as to the status of your case keep you in the dark.  The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health.  You need and deserve a lawyer who is looking out for you.

What you do not want is a lawyer who is engaging in unnecessary litigation.  You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used.  You want a lawyer who will listen to you and keep your best interests at heart.

How can a SRIS Law Group lawyer help you?

First and foremost, we will discuss your case with you.  We will explain to you the different options you have and the pros and cons of each option.  We do not require clients to come in and sit down and talk with us.  Certainly, our clients are welcome to come in and talk with us.  However, we understand that clients are very busy and may not have the time to come to the office.  Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney.  To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.

If you are dealing with a case, contact the SRIS Law Group attorneys for help.  Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems

Assault & battery is a very serious crime.

The SRIS Law Group Massachusetts assault & battery attorneys can defend you against any type of assault charge.

OurMassachusettsassault & battery lawyers have the experience to defend you against any type of assault & battery charge.

Contact a SRIS Law Group Massachusetts assault & battery lawyer inMassachusetts.

SRIS Law Group Philosophy

How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event.  Don’t let someone who will not keep you informed as to the status of your case keep you in the dark.  The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health.  You need and deserve a lawyer who is looking out for you.

What you do not want is a lawyer who is engaging in unnecessary litigation.  You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used.  You want a lawyer who will listen to you and keep your best interests at heart.

How can a SRIS Law Group lawyer help you?

First and foremost, we will discuss your case with you.  We will explain to you the different options you have and the pros and cons of each option.  We do not require clients to come in and sit down and talk with us.  Certainly, our clients are welcome to come in and talk with us.  However, we understand that clients are very busy and may not have the time to come to the office.  Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney.  To learn more about how a SRIS Law Group lawyer can help you, please call us at 888-437-7747 and speak with a lawyer the same day.

If you are dealing with a case, contact the SRIS Law Group attorneys for help.  Our lawyers have been helping clients with cases for many years and are experienced at helping clients solve their problems

Telephone Threats Laws in Massachusetts

ALM GL ch. 269, § 14A Use of Telephone to Make Annoying Calls.

Whoever telephones another person or contacts another person by electronic communication, or causes a person to be telephoned or contacted by electronic communication, repeatedly, for the sole purpose of harassing, annoying or molesting the person or the person’s family, whether or not conversation ensues, or whoever telephones or contacts a person repeatedly by electronic communication and uses indecent or obscene language to the person, shall be punished by a fine of not more than $500 or by imprisonment for not more than 3 months, or by both such a fine and imprisonment.

For purposes of this section, “electronic communication” shall include, but not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.

Larceny/Shoplifting

Massachusetts Larceny Crimes Defense.

ALM GL ch. 266, § 23 Taking of Property at a Fire to be Deemed Larceny.

Whoever steals, conveys away or conceals any furniture, goods, chattels, merchandise or effects of persons whose houses or buildings are on fire or are endangered thereby, and does not, within two days thereafter, restore the same or give notice of his possession thereof to the owner, if known, or, if unknown, to the mayor or one of the aldermen, selectmen or firewards of the place, shall be guilty of larceny.

ALM GL ch. 266, § 25Larceny from the Person.

(a) Whoever commits larceny by stealing from the person of a person sixty-five years or older shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.

Whoever, after having been convicted of said crime commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.

(b) Whoever commits larceny by stealing from the person of another shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.

ALM GL ch. 266, § 30 Larceny; Property Defined; Punishment; Increased Punishment Where Victim is Elderly or Disabled Person.

(1) Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the property stolen is a firearm, as defined in section one hundred and twenty-one of chapter one hundred and forty, or, if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years; or, if the value of the property stolen, other than a firearm as so defined, does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars; or, if the property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both.

(2) The term “property”, as used in the section, shall include money, personal chattels, a bank note, bond, promissory note, bill of exchange or other bill, order or certificate, a book of accounts for or concerning money or goods due or to become due or to be delivered, a deed or writing containing a conveyance of land, any valuable contract in force, a receipt, release or defeasance, a writ, process, certificate of title or duplicate certificate issued under chapter one hundred and eighty-five, a public record, anything which is of the realty or is annexed thereto, a security deposit received pursuant to section fifteen B of chapter one hundred and eighty-six, electronically processed or stored data, either tangible or intangible, data while in transit, telecommunications services, and any domesticated animal, including dogs, or a beast or bird which is ordinarily kept in confinement.

(3) The stealing of real property may be a larceny from one or more tenants, sole, joint or in common, in fee, for life or years, at will or sufferance, mortgagors or mortgagees, in possession of the same, or who may have an action of tort against the offender for trespass upon the property, but not from one having only the use or custody thereof. The larceny may be from a wife in possession, if she is authorized by law to hold such property as if sole, otherwise her occupation may be the possession of the husband. If such property which was of a person deceased is stolen, it may be a larceny from any one or more heirs, devisees, reversioners, remaindermen or others, who have a right upon such deceased to take possession, but not having entered, as it would be after entry. The larceny may be from a person whose name is unknown, if it would be such if the property stolen were personal, and may be committed by those who have only the use or custody of the property, but not by a person against whom no action of tort could be maintained for acts like those constituting the larceny.

(4) Whoever steals, or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, secretes, unlawfully takes, carries away, conceals or copies with intent to convert any trade secret of another, regardless of value, whether such trade secret is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years. The term “trade secret” as used in this paragraph means and includes anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.

(5) Whoever steals or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another, sixty years of age or older, or of a person with a disability as defined in section thirteen K of chapter two hundred and sixty-five, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the value of the property exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by a fine of not more than fifty thousand dollars or by both such fine and imprisonment; or if the value of the property does not exceed two hundred and fifty dollars, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment. The court may order, regardless of the value of the property, restitution to be paid to the victim commensurate with the value of the property.

ALM GL ch. 266, § 33 False Pretenses to Constitute Larceny in Commercial Transactions.

(1) Whoever, with intent to defraud, obtains by a false pretence the making, acceptance or endorsement of a bill of exchange or promissory note, the release or substitution of collateral or other security, an extension of time for the payment of an obligation, or the release or alteration of the obligation of a written contract, or (2) whoever, with intent to defraud, by a false statement in writing respecting the financial condition, or means or ability to pay, of himself or of any other person, obtains for himself or for any other person credit from any bank or trust company or any banking institution or any mortgage lender, as defined in section 1 of chapter 255E, or any retail seller of goods or services accustomed to give credit in any form whatsoever shall be guilty of larceny.

ALM GL ch. 266, § 34 False Pretences to Constitute Larceny.

Whoever, with intent to defraud and by a false pretence, induces another to part with property of any kind or with any of the benefits described in sections 33 and 33A shall be guilty of larceny.

ALM GL ch. 277, § 41 Indictment for Larceny.

In an indictment for criminal dealing with personal property with intent to steal, an allegation that the defendant stole said property shall be sufficient; and such indictment may be supported by proof that the defendant committed larceny of the property, or embezzled it, or obtained it by false pretences.

ALM GL ch. 277, § 58 Venue of Larceny.

Larceny, whether at common law or as defined by section thirty of chapter two hundred and sixty-six, may be prosecuted and punished in any county where the defendant had possession of the property alleged to have been stolen.

Trespass

Trespass laws in Massachusetts

ALM GL ch. 266, § 115 Trespass in Orchard, Garden or Meadow.

Whoever wilfully and maliciously enters an orchard, nursery, garden or cranberry meadow, and takes away, mutilates or destroys a tree, shrub or vine, or steals, takes and carries away any fruit or flower, without the consent of the owner thereof, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months.

ALM GL ch. 266, § 118 Suffering Animals to Trespass on Land.

Whoever, having the charge or custody of sheep, goats, cattle, horses, swine or fowl, wilfully suffers or permits them to enter or remain on or pass over any orchard, garden, mowing land or other improved or enclosed land of another, after being forbidden so to do in writing or by notice posted thereon by the owner or occupant thereof, or by the authorized agent of such owner or occupant, shall be punished by a fine of not more than ten dollars.

ALM GL ch. 266, § 120 Trespass on Buildings, Boats, Improved or Enclosed Land, Wharves, after Being Forbidden; Arrest.

Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.

This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.

ALM GL ch. 266, § 120A Trespass by Parking Motor Vehicle upon Private Way.

In any prosecution for committing the crime of trespass by parking a motor vehicle upon a private way or upon improved or enclosed land, proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle shall be prima facie evidence that the defendant was the person who parked such vehicle upon such way or land at such time.

ALM GL ch. 266, § 121A Trespass by Motor Vehicles or Other Powered Devices; Penalty; Exceptions.

Whoever, without right, enters upon the private land of another, whether or not such land be posted against trespass, and in so entering makes use of or has in his immediate possession or control any vehicle, machine, or device which includes an internal combustion engine or other source of mechanical power, shall be punished by a fine of not more than $500.

The provisions of this section shall not apply to such an entry at the junction of a public way with a paved private roadway, unless said private roadway is distinguished from the public way by a sign, gatepost, or the display of a street number or the name of the occupant of the premises, or by the improvement of adjacent land, the type of construction of the roadway, or other distinguishing feature, or unless such entry has been forbidden by the person having lawful control of said private roadway.

Nothing herein shall in any way restrict the operation of power boats on waterways not otherwise restricted.

Indecent Exposure

Indecent Exposure in Massachusetts.

ALM GL ch. 272, § 53 Common Night Walkers, Disorderly Persons and Disturbers of the Peace.

(a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

(b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

Domestic Violence/Assault & Battery

Massachusetts Assault & Battery/Domestic Violence

ALM GL ch. 265, § 13A Assault and Assault and Battery.

(a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.

(b) Whoever commits an assault or an assault and battery:

(i) upon another and by such assault and battery causes serious bodily injury;

(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant; or

(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery; shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

(c) For the purposes of this section, “serious bodily injury” shall mean bodily injury that results in a permanent disfigurement, loss or impairment of a bodily function, limb or organ, or a substantial risk of death.

ALM GL ch. 265, § 13B Indecent Assault and Battery on Child Under Fourteen.

Whoever commits an indecent assault and battery on a child under the age of 14 shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 21/2 years. A prosecution commenced under this section shall neither be continued without a finding nor placed on file.

In a prosecution under this section, a child under the age of 14 years shall be deemed incapable of consenting to any conduct of the defendant for which such defendant is being prosecuted.

ALM GL ch. 265, § 13H Indecent Assault and Battery on Person Over Fourteen.

Whoever commits an indecent assault and battery on a person who has attained age fourteen shall be punished by imprisonment in the state prison for not more than five years, or by imprisonment for not more than two and one-half years in a jail or house of correction.

Whoever commits an indecent assault and battery on an elder or person with a disability, as defined in section 13K, shall be punished by imprisonment in the state prison for not more than 10 years, or by imprisonment in the house of correction for not more than 21/2 years, and whoever commits a second or subsequent such offense shall be punished by imprisonment in the state prison for not more than 20 years. A prosecution commenced under this paragraph shall not be placed on file nor continued without a finding.

ALM GL ch. 265, § 15 Assault with Intent to Murder, Maim or Disfigure.

Whoever assaults another with intent to commit murder, or to maim or disfigure his person in any way described in the preceding section, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.

ALM GL ch. 265, § 15B Assault by Means of a Dangerous Weapon.

(a) Whoever, by means of a dangerous weapon, commits an assault upon a person sixty years or older, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years.

Whoever, after having been convicted of the crime of assault upon a person sixty years or older, by means of a dangerous weapon, commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relative to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.

For the purposes of prosecution, a conviction obtained under subsection (a) of section fifteen A or paragraph (a) of section 18 shall count as a prior criminal conviction for the purpose of prosecution and sentencing as a second or subsequent conviction.

(b) Whoever, by means of a dangerous weapon, commits an assault upon another shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars or imprisonment in jail for not more than two and one-half years.

ALM GL ch. 265, § 29 Assault with Intent to Commit a Felony — Penalty.

Whoever assaults another with intent to commit a felony shall, if the punishment of such assault is not hereinbefore provided, be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.

Disorderly Conduct

Massachusetts Disorderly Conduct Laws

ALM GL ch. 272, § 43 Disorderly Conduct — Public Conveyance.

Whoever, in or upon a railroad carriage, steamboat or other public conveyance, is disorderly, or disturbs or annoys travelers in or upon the same by profane, obscene or indecent language, or by indecent behavior, shall be punished as provided in section forty.

ALM GL ch. 272, § 53 Common Night Walkers, Disorderly Persons and Disturbers of the Peace.

(a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

(b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

ALM GL ch. 272, § 54 Disorderly Persons in Public — Arrest.

Whoever is found in a public way or other public place, committing any offence or disorder set forth in sections fifty-three and fifty-three A, may be apprehended by a sheriff, deputy sheriff, constable or police officer or by any other person by the order of a magistrate or any of said officers, without a warrant and be kept in custody for not more than twenty-four hours, Sundays and legal holidays excepted, until he can be taken before a court or trial justice having jurisdiction of such offence.

Criminal Appeal

Massachusetts Criminal Appeal

ALM GL ch. 275, § 8 Appeal.

Whoever having waived jury trial in accordance with the provisions of section twenty-six A of chapter two hundred and eighteen is aggrieved by an order of the Boston municipal court or the district court, requiring him to recognize as provided aforesaid, may, upon giving the security required, appeal to the jury session designated pursuant to section twenty-seven A of chapter two hundred and eighteen for the conduct of jury trials in cases brought in the court wherein said order was made.

ALM GL ch. 275, § 10.  Proceedings on Appeal.

The justice sitting in the jury session may affirm the order or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may order, and may make such order relative to the expenses of prosecution as is just and reasonable.

ALM GL ch. 276, § 8 Appeal to Superior Court.

A person aggrieved by a decree of forfeiture of a district court may appeal therefrom to the superior court; but before his appeal is allowed, he shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient surety or sureties, to prosecute his appeal and to pay all such expenses as may thereafter arise, if final judgment is rendered against the articles adjudged forfeited, and to abide the judgment of the superior court thereon; and upon such appeal, any question of fact shall be tried by a jury. All proceedings in the superior court, including the right of exception, shall conform so far as may be to proceedings in criminal cases; and if, upon final judgment, the articles are adjudged forfeited, they shall be disposed of under the direction of the superior court as they might have been disposed of had no appeal been taken.

ALM GL ch. 278, § 28 Appeal to Supreme Judicial Court.

A defendant aggrieved by a judgment of the district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme judicial court.

ALM GL ch. 278, § 33E Filing Claim of Appeal in Capital Cases; Transmission of Record to Supreme Judicial Court.

In a capital case as hereinafter defined the entry in the supreme judicial court shall transfer to that court the whole case for its consideration of the law and the evidence. Upon such consideration the court may, if satisfied that the verdict was against the law or the weight of the evidence, or because of newly discovered evidence, or for any other reason that justice may require (a) order a new trial or (b) direct the entry of a verdict of a lesser degree of guilt, and remand the case to the superior court for the imposition of sentence. For the purpose of such review a capital case shall mean a case in which the defendant was tried on an indictment for murder in the first degree and was convicted of murder in the first degree. After the entry of the appeal in a capital case and until the filing of the rescript by the supreme judicial court motions for a new trial shall be presented to that court and shall be dealt with by the full court, which may itself hear and determine such motions or remit the same to the trial judge for hearing and determination. If any motion is filed in the superior court after rescript, no appeal shall lie from the decision of that court upon such motion unless the appeal is allowed by a single justice of the supreme judicial court on the ground that it presents a new and substantial question which ought to be determined by the full court.

ALM GL ch. 278, § 28E  Appeals by Commonwealth or Defendant of Questions of Law in Criminal Cases Prior to Trial.

An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the district court to the appeals court in all criminal cases and in all delinquency cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, (2) allowing a motion to suppress evidence, or (3) denying a motion to transfer pursuant to section sixty-one of chapter one hundred and nineteen.

An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the superior court to the supreme judicial court in all criminal cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, or (2) allowing a motion for appropriate relief under the Massachusetts Rules of Criminal Procedure.

An application for an appeal from a decision, order or judgment of the superior court determining a motion to suppress evidence prior to trial may be filed in the supreme judicial court by a defendant or by and on behalf of the commonwealth by the attorney general or a district attorney. If such application is denied, or if such application is granted but the interlocutory appeal is heard by a single justice, the determination of the motion to suppress evidence shall be open to review by the full court after trial in the same manner and to the same extent as determinations of such motions not appealed under the interlocutory procedure herein authorized.

Rules of practice and procedure with respect to appeals authorized by this section shall be the same as those applicable to criminal appeals under the Massachusetts Rules of Appellate Procedure.

Criminal Appeal

Massachusetts Criminal Appeal.

ALM GL ch. 275, § 8 Appeal

Whoever having waived jury trial in accordance with the provisions of section twenty-six A of chapter two hundred and eighteen is aggrieved by an order of the Boston municipal court or the district court, requiring him to recognize as provided aforesaid, may, upon giving the security required, appeal to the jury session designated pursuant to section twenty-seven A of chapter two hundred and eighteen for the conduct of jury trials in cases brought in the court wherein said order was made.

ALM GL ch. 275, § 10.  Proceedings on Appeal.

The justice sitting in the jury session may affirm the order or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may order, and may make such order relative to the expenses of prosecution as is just and reasonable.

ALM GL ch. 276, § 8 Appeal to Superior Court.

A person aggrieved by a decree of forfeiture of a district court may appeal therefrom to the superior court; but before his appeal is allowed, he shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient surety or sureties, to prosecute his appeal and to pay all such expenses as may thereafter arise, if final judgment is rendered against the articles adjudged forfeited, and to abide the judgment of the superior court thereon; and upon such appeal, any question of fact shall be tried by a jury. All proceedings in the superior court, including the right of exception, shall conform so far as may be to proceedings in criminal cases; and if, upon final judgment, the articles are adjudged forfeited, they shall be disposed of under the direction of the superior court as they might have been disposed of had no appeal been taken.

ALM GL ch. 278, § 28 Appeal to Supreme Judicial Court.

A defendant aggrieved by a judgment of the district court or of the superior court in any criminal proceeding may appeal therefrom to the supreme judicial court.

ALM GL ch. 278, § 33E Filing Claim of Appeal in Capital Cases; Transmission of Record to Supreme Judicial Court.

In a capital case as hereinafter defined the entry in the supreme judicial court shall transfer to that court the whole case for its consideration of the law and the evidence. Upon such consideration the court may, if satisfied that the verdict was against the law or the weight of the evidence, or because of newly discovered evidence, or for any other reason that justice may require (a) order a new trial or (b) direct the entry of a verdict of a lesser degree of guilt, and remand the case to the superior court for the imposition of sentence. For the purpose of such review a capital case shall mean a case in which the defendant was tried on an indictment for murder in the first degree and was convicted of murder in the first degree. After the entry of the appeal in a capital case and until the filing of the rescript by the supreme judicial court motions for a new trial shall be presented to that court and shall be dealt with by the full court, which may itself hear and determine such motions or remit the same to the trial judge for hearing and determination. If any motion is filed in the superior court after rescript, no appeal shall lie from the decision of that court upon such motion unless the appeal is allowed by a single justice of the supreme judicial court on the ground that it presents a new and substantial question which ought to be determined by the full court.

ALM GL ch. 278, § 28E  Appeals by Commonwealth or Defendant of Questions of Law in Criminal Cases Prior to Trial.

An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the district court to the appeals court in all criminal cases and in all delinquency cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, (2) allowing a motion to suppress evidence, or (3) denying a motion to transfer pursuant to section sixty-one of chapter one hundred and nineteen.

An appeal may be taken by and on behalf of the commonwealth by the attorney general or a district attorney from the superior court to the supreme judicial court in all criminal cases from a decision, order or judgment of the court (1) allowing a motion to dismiss an indictment or complaint, or (2) allowing a motion for appropriate relief under the Massachusetts Rules of Criminal Procedure.

An application for an appeal from a decision, order or judgment of the superior court determining a motion to suppress evidence prior to trial may be filed in the supreme judicial court by a defendant or by and on behalf of the commonwealth by the attorney general or a district attorney. If such application is denied, or if such application is granted but the interlocutory appeal is heard by a single justice, the determination of the motion to suppress evidence shall be open to review by the full court after trial in the same manner and to the same extent as determinations of such motions not appealed under the interlocutory procedure herein authorized.

Rules of practice and procedure with respect to appeals authorized by this section shall be the same as those applicable to criminal appeals under the Massachusetts Rules of Appellate Procedure.