Citizens Police Academy Week 3 – Criminal law, from hot apple pies to felonies

By Deb Herman, contributing writer

Is it legal to drink and drive? Can a hot apple pie be a dangerous weapon?

Those were among the questions tackled Sept. 17 at the Waltham Citizens Police Academy, where Capt. Anthony “TJ” Vazquez, a 33-year veteran of the force, led a lively, eye-opening session on Massachusetts criminal law.

Over the course of the evening, residents learned the difference between misdemeanors and felonies, the building blocks of the state’s criminal code. A misdemeanor conviction carries a sentence of 30 months or less in the Billerica House of Correction. A felony, meanwhile, can result in three years or more in state prison.

Vazquez walked participants through how laws play out in real life. For example, an erratic driver spotted by a patrol officer may first raise “reasonable suspicion,” enough to justify pulling the car over. Add slurred speech and the smell of alcohol to the equation, and the officer now has grounds for further investigation — moving closer to probable cause and a potential charge of operating under the influence.

“It is legal to drink and drive,” Vazquez told the group. “It is not legal to drive while intoxicated.” A glass of wine with dinner followed by a drive home an hour later, he explained, is unlikely to reach the legal threshold of intoxication.

The captain also took time to clarify another common misconception: the difference between assault and battery. Assault, he said, is the attempt to intimidate another person, while battery involves unwanted physical contact. As for dangerous weapons, they aren’t always obvious. Anything capable of causing serious harm — including, yes, a steaming hot apple pie — can fit the definition.

Regional police cooperation

The second half of the night shifted focus to interdepartmental cooperation. Because specialized tools and teams are costly, many Massachusetts communities pool resources through regional partnerships. Waltham participates in the Northeastern Massachusetts Law Enforcement Council, or NEMLEC, a consortium of 68 police departments in Middlesex and Essex counties, along with two county sheriff’s departments.

Through NEMLEC, specialized units such as SWAT teams, canine units, drone operators and critical incident stress management teams can be deployed to any member community when needed. The consortium serves 1.7 million residents across 925 square miles, ensuring that smaller departments have access to resources that might otherwise be out of reach.

Vazquez emphasized that NEMLEC is driven by the priorities of its members, and its officers may be called to assist in emergencies that exceed the scope of local police. For officers themselves, the consortium provides mental health support through its Critical Incident Stress Management Team, which offers intervention after traumatic or high-stress events.

Looking ahead

The Citizens Police Academy will reconvene for its next session this Wednesday with an overview of sexual assault and domestic violence.