In March of 2026, the Supreme Judicial Court of Massachusetts decided that since armed robbery may involve “minimal force,” it does not necessarily need to lead to pretrial detention. This decision has major implications for defendants in Massachusetts, and it means that you may be able to plan your defense outside of incarceration with help from an experienced Boston criminal defense attorney.
The Force Clause Explained
The “force clause” states that pre-trial detention is necessary whenever someone is arrested for using, attempting, or threatening physical force against someone else. In other words, that defendant should not get out on bail. The logic is that these individuals pose a risk to the greater community, and pre-trial detention therefore prevents further harm from occurring.
The Background of the Case
This case stems from a 2025 arrest for armed robbery and bomb threats. This case involved a man who attempted to rob a bank by showing a teller a note with a written threat about a bomb. The teller handed over a bag of money, the defendant ran toward his vehicle, and the dye pack exploded. Although the defendant was able to leave the scene with some of the money, he was arrested after a few hours by police officers. By all accounts, there was no bomb (or any other weapon for that matter).
Does a Fake Bomb Threat Constitute Physical Force?
The defendant’s lawyer argued that his client’s alleged offense did not breach the force clause. In other words, the lawyer argued that the man should not be held without bail because his crime did not involve physical force. A District Court judge rejected this argument and held him without bail anyway.
The defendant continued to appeal with help from his lawyer, and eventually, a Superior Court judge found that his bomb threat charge did not violate the force clause. However, he remained in detention without bail because of the remaining armed robbery charge. While this appellate process was pending, the defendant pleaded guilty and received two concurrent sentences of up to four years each.
Although the appeal was now useless because the defendant was no longer in pre-trial detention, the Supreme Judicical Court nevertheless decided to take a look at this case. They noted that armed robbery was not an offense specifically named under the force clause. The court also noted that other crimes that in the past, defendants who have committed crimes involving physical contact have been released on bail. These crimes include statutory rape and other “serious crimes.”
After going into detail about the exact threat of serious injury involved in the armed robbery, the court concluded that it should not have led to pre-trial detention. This decision applies to many other cases of armed robbery involving zero or minimal physical force.
Can a Boston Criminal Defense Attorney Help Me?
A Boston criminal defense attorney may be able to help if you face charges of armed robbery. The recent decision by the Supreme Judicial Court of Massachusetts shows that if you used minor force (while snatching someone’s purse, for example), you shouldn’t have to face pretrial detention. Discuss your defense strategy in more detail with Edward R. Molari, Attorney at Law.