Case Results » The Massachusetts Crime of Malicious Destruction of Property
College Student Charged With Felony Avoids Prosecution
A local college student embarked on a night of partying that resulted on him being summonsed to court to face a felony charge of malicious destruction of property valued over $250.00 [M.G.L. ch. 126 section 266]. The defendant contacted our office and we went right to work with the goal of preventing the young student from being arraigned in the District Court. Avoiding an arraignment is the best result because it ensures that the incident will NEVER be located in a criminal history search.
Attorney McCarthy contacted the District Attorney's Office prior to the arraignment date and informed the representative that restitution had been paid to the establishment for damage to the property. The client's impressive educational, employment and commitment to the community was also stressed. The District Attorney's Office agreed to divert the case out of the criminal court system to the Diversion Program. Provided the defendant satisfies certain conditions in a short period of time, the case will be dismissed prior to arraignment.
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Client Avoids Prosecution For Breaking and Entering, A Felony Count of Malicious Destruction of Property and Trespassing Following Clerk-Magistrate's Hearing
What began as a fun filled day of riding dirt bikes and socializing ended with the group receiving summonses in the mail for breaking and entering [M.G.L. ch. 266 Section 16A], a felony count of malicious destruction of property valued over $250 [M.G.L. ch. 266 Section 127] and trespassing [M.G.L. ch. 266 Section 120]. Apparently, as the preoccupied group pedaled they entered a fenced off area of private property and allegedly sprayed fire extinguishers that resulted in damage to the property. The police tracked down the group and they received summons to appear in court and face criminal charges.
One of the errant bikers contacted our office and we went right to work. After conducting interviews and reviewing the facts Attorney McCarthy presented a compelling case to the clerk based on the law and facts in support of the position that a complaint should not issue. The clerk agreed and provided the defendant stays out of trouble for in a short period of time, the client will NOT face criminal charges. The client left the courthouse relieved and will not have to go in front of a judge.
Read More in Theft Crimes
Criminal Charges of Tagging Property [M.G.L. ch. 266 section 126B], Malicious Destruction of Property Valued Over $250.00 [M.G.L. ch. 266 section 127], and Criminal Trespass [M.G.L. ch. 266 section 120] Dismissed
A client faced a myriad of criminal charges, including a felony count of malicious destruction of property valued over $250.00. The police alleged that the defendant and a few friends painted a bridge located underneath a highway access. After conducting an investigation the defendant and two of his friends were apprehended and faced criminal charges for their attempts to beautify the bridge.
Attorney McCarthy negotiated a disposition in which the client did NOT have to admit to any facts and the case was dismissed.
Read More in Violent Crimes
Case Dismissed Against Client Charged With Felony Count Of Malicious Destruction Of Property Over $250.00 In Violation Of Massachusetts General Law Chapter 266 Section 127
After enjoying a workout a patron to a gym noticed that her car had been "keyed" and there was significant damage to the side of her vehicle. The police were informed of the incident and the videotape from the parking lot was pulled. Based on the videotape the police charged the defendant with malicious destruction of property, to wit the car, with the damage valued at over $250.00. [M.G.L. ch 266 section 127].
Massachusetts General Laws Chapter 266 section 127 provides in part that whoever destroys or injures the personal property, dwelling house or building of another. . . and if such destruction or injury is willful and malicious, shall be punished. . .
Attorney McCarthy secured a lengthy history of the defendant that included consistent employment and contributions to the community. Our office convinced the prosecutor to dismiss the case upon the payment of restitution. The client walked out of court with the case dismissed.
Felony Charge Reduced And To Be Dismissed For Client Despite Having A Criminal History
The police report alleged that a middle aged man threw a plate breaking a window valued at over $1,5000.00 in the early morning hours of the day at a restaurant in the China Town section of Boston after a night out of partying. The defendant was arrested at the scene and faced a felony charge of malicious destruction of property [M.G.L. Section 127] with the damage valued at over $250.00. A conviction for this felony could have resulted in a loss of employment and been an impediment to securing future jobs.
Attorney McCarthy presented the District Attorney's Office with the defendant's personal and professional accomplishments since his graduation from college. The defendant had consistently been employed over the past ten years. The hurdle for the defendant relative to avoiding any type of conviction was the fact that he had many entries on his board of probation record over the years. However, based on the defendant's current situation and lack of recent arrests, the District Attorney's office agreed to reduce the felony charge to a misdemeanor. The prosecutor also agreed to continue the case for a period of time to be dismissed provided the client satisfied certain conditions.
When the disposition was presented to the District Court judge, the judge initially was unwilling to accept it. Attorney McCarthy successfully convinced the judge that the sentence was appropriate and the client walked out of the court house without any type of convictionAGAIN.
Clerk-Magistrate Doe Not Charge Clients With Felony Count Of Malicious Destruction Of Property Valued Over $250.00
The clients' attempts to enjoy a beautiful fall day were disrupted by requests that they move faster through the golf course. After leaving the course the surprised golfers received a summons to appear for a clerk's hearing for allegedly causing damage to the greens. Attorney McCarthy represented the clients and following the hearing no complaint issued against them. The clients avoided facing a judge for the felony charge of malicious destruction of property over $250.00 to wita golf course.
Criminal Charge Of Leaving The Scene Of An Accident After Causing Property Damage Dismissed Prior To Arraignment
The defendant received notice that he was to appear in court for an arraignment on the charge of leaving the scene after causing property damage. Attorney McCarthy secured the police report prior to the arraignment. Based on the police report, it was clear that the district court clerk was not presented with enough evidence to find probable cause to issue the complaint. The defendant was NEVER identified as the driver of the car in question.
Attorney McCarthy filed a Motion to Dismiss the charge prior to the client's arraignment. Upon review of the motion the Commonwealth agreed with her position and the case was dismissed PRIOR TO ARRAIGNMENT. This disposition is significant because the case will not appear on ANY criminal history search done on the defendant in any search including a search by law enforcement.
Twenty Year Old Probation Default Warrant For A Felony count Of Breaking And Entering In The Nighttime With Intent To Commit A Felony, Malicious Destruction Of Property And Related Charges Cleared For Out Of State
A successful out of state businessman was in default for violating probation on a number of charges in Malden District Court for over twenty years. The client contacted Attorney McCarthy in an effort to clear up the default without being held in custody. Attorney McCarthy arranged the surrender of the client and the probation was terminated when he appeared in court with Attorney McCarthy. The client was not held in custody at any time.
Multiple Counts Of Malicious Destruction Of Property To Be Dismissed Against Female Defendant
The police claimed that the defendant, who was a mother and wife, had caused extensive damage to her new husband's former wife's home. The police report alleged that the defendant's car matched the description of an SUV seen leaving the scene in which a number of lights were broken, a grill was tipped over and other damage to the home was inflicted. The police also claimed that when they interview the defendant she had "glass" in her boots and that her footprints were found in the snow at the scene.
Despite that fact that there was an allegation of extensive damage, Attorney McCarthy negotiated a disposition whereby the case will be dismissed in one year provided she does not get into trouble and satisfies some conditions.
Case Charging Malicious Destruction Of Property And Criminal Harassment To Be Dismissed Against Lawrence Woman
The police report alleged that the defendant banged a chair against her ex-boyfriend's door and placed a number of intimidating text messages to him. After negotiations the District Attorney's Office agreed to reduce the felony count of malicious destruction of property over $250.00 to the misdemeanor count of malicious destruction of property under $250.00. The defendant received a continuance without a finding and provided she stays out of trouble for one year the case will be dismissed.
Felony And Misdemeanor Charges Dismissed Against Defendant In Case Of Alleged Domestic Violence
The local police responded to a "911" call for domestic violence in the Boston area. According to the police report, the police spotted the complaining witness making the call from a pay phone. She was not wearing shoes or a coat despite the cold winter temperature. The officers claimed that she was "visibly upset-shaking" and crying and informed them that her husband had "attacked her" and threw her to the ground. The defendant was arrested and charged with a felony count of assault and battery by means of a dangerous weapon and a misdemeanor count of assault and battery. After conducting pre-trial investigation Attorney McCarthy negotiated the case with the District Attorney's office. The defendant's wife asserted her marital privilege at a pre-trial hearing and all charges against the defendant were dismissed.
District Court Judge Allows Attorney McCarthy's Motion To Dismiss Charges Against Defendant Charged With Leaving The Scene Of An Accident After Causing Property Damage
A civilian complainant reported that he was involved in a motor vehicle accident in Boston. The complainant described a motor vehicle that he alleged backed into his car causing damage to both cars. Based on the description of the car, the police charged the defendant with the criminal offense leaving the scene of an accident after causing property damage. Attorney McCarthy moved to have the charge dismissed because there was no identification of the driver of the car that allegedly drove into the complainant's car. Thus, there was no probable cause to charge the defendant with a crime. The judge allowed Attorney McCarthy's motion and the charges against the defendant were dismissed.
Attorney McCarthy Negotiates Pre-Trial Probation For Felony Case Charging Open And Gross Lewdness
The police report alleged that a witness maintained that a male was seen "masturbating" in his car in a mall parking lot. The police pulled over the defendant's car and questioned him. The defendant was calm and none of this clothing was in disarray. Although the defendant denied committing the offense, he was summonsed into court and charged with the sexual offense of open and gross lewdness in violation of M.G.L. Chapter 272 § 16. A conviction for this offense triggers sex offender registry consequences.
Attorney McCarthy engaged in successful negotiations with the District Attorney's office and the defendant was placed on pre-trial probation for one year. As long as the defendant stays out of trouble for one year the case will be dismissed. The defendant did not have to admit to sufficient facts or plead guilty thus, he walks away from the case without a record.
Domestic Abuse Case Dismissed Prior To Arraignment
Local police responded to a call for an incident of domestic violence at a place of employment. Upon arrival the police encountered two males; each one claimed that he was abused by the other. After interviewing the parties a decision was made to charge both with assault and battery. Attorney McCarthy explained the situation to the District Court Judge and the case was dismissed prior to the arraignment of either party. Consequently, there will be no record of the fact that either defendant was charged with a criminal offense.
Felony And Misdemeanor Charges Withdrawn Prior To A Clerk's Hearing
The defendant received notice of a clerk's hearing for one felony count of assault and battery by means of a dangerous weapon and one misdemeanor count of assault and battery approximately two months following the alleged incident. The charges followed the arrest of an individual who eventually claimed to be a "victim."
The case stemmed from a disagreement that, according to the initial police report, became physical. Ultimately, the charges against the defendant were withdrawn.
Case To Be Dismissed Against Defendant Charged With Resisting Arrest And Disturbing The Peace Prior To Arraignment
The police report alleged that the defendant was combative and unruly when asked to leave a downtown Boston bar. The defendant was ultimately arrested and charged with resisting arrest and disturbing the peace. If a defendant is arraigned on a criminal offense there is a risk that a potential employer, school or licensing board would know that he or she was charged with a crime even if the charges are eventually dropped or if the defendant is found not guilty.
The defendant was a post graduate student. Attorney McCarthy negotiated an agreement with the District Attorney's Office in which the case would be dismissed after six months without the defendant being arraigned provided he stays out of trouble.
Felony charge of breaking and entering a building in the daytime with intent to commit a felony and charge of malicious destruction of property under $250.00 dismissed at pre-trial hearing/Initial Case
The police department applied for a complaint against the defendant for breaking and entering in the daytime with the intent to commit a felony and malicious destruction of property. The police report stated that a witness, who wished to remain anonymous, informed the police that the defendant and four other individuals broke into a local package store. The defendant faced the potential penalty of state prison for up to ten years or jail for up to two years on the charge of breaking and entering if he was convicted. The defendant also faced the potential sentence of up to two and one-half months jail on the charge of malicious destruction of property. Attorney McCarthy filed a pre-trial motion to dismiss due to lack of probable cause to issue the complaint. The District Attorney's office did not oppose the motion and the case was dismissed.