Practice Areas
Felonies & Misdemeanors
I handle both felony and misdemeanor criminal charges. Generally, a misdemeanor is less serious than a felony. Under Massachusetts law, misdemeanors can be punished by fines and/or incarceration in a city jail or county house of correction. Felonies can be punished by incarceration in state prison. Under federal law, misdemeanors are crimes that can be punished by fine and/or incarceration for up to one year. Felonies can be punished by incarceration for more than one year. Whether you are charged with a misdemeanor or a felony in State or Federal court, I will zealously represent your rights and interests.
Assault and Battery
Assault and Battery charges can run from a simple misdemeanor charge to far more serious charges, such as Assault and Battery with a Dangerous Weapon, Domestic Assault and Battery, Assault and Battery on a Child, Assault with Intent to Rob or Murder, and Indecent Assault and Battery. “Assault” does not mean striking another person. Rather, an assault is a threat of imminent violence, regardless of contact. “Battery” is the resulting physical contact with another person without his or her consent. There does not have to be any physical harm to the other person for an Assault and Battery charge to issue – all it takes is some threat of action, such as a gesture of hitting or pushing someone. If you are facing a charge of Assault and Battery, I can provide you the best possible defense.
Arson
A person commits arson by purposely setting a building or other property on fire. This includes setting fire to one’s own property, often for the purposes of collecting on an insurance policy. Massachusetts punishes arson by fines and/or incarceration and prosecutes them as either misdemeanors or felonies. Numerous factors determine the severity of an arson charge and sentence, such as the amount of damage caused, whether the fire resulted in injury or death, the type of property burned, the time the incident occurred, whether or not other buildings were damaged, whether fraud served as motive, and the defendant’s criminal history. With so many factors determining a potential sentence, you must have a criminal defense attorney, such as myself, who understands Massachusetts case law.
Disorderly Conduct
Disorderly conduct charges can flow from any number of events, such as being drunk and belligerent in public, standing in the wrong place at the wrong time, using foul or abusive language in public, or blaring loud music. In Boston, the home of the Red Sox, Bruins, Celtics, Patriots, and Revolution, one can easily pick up a disorderly conduct charge simply by being unruly at a game. While disorderly conduct is a misdemeanor, a guilty plea or conviction results in a permanent criminal record that will turn up on background checks. An experienced criminal defense lawyer, such as myself, can help you try to dispose of the case without admitting guilt, especially if you do not have a criminal record.
Drug Offenses
The decriminalization of less than one ounce of marijuana in Massachusetts should not be construed as meaning that the Commonwealth has softened on fighting drugs. While possessing less than an ounce for personal use carries a civil fine of $100, being caught with even a small amount of marijuana gives law enforcement the right to conduct a more thorough search of your vehicle, house, or person. Should they find evidence of greater amounts of marijuana, drug paraphernalia, or other drugs, you can be charged with more serious crimes. I will negotiate and argue to prevent your case from being charged as a drug distribution case, which can carry serious penalties. Should you be convicted or choose to tender a plea, I will argue for alternative sentencing, such as compliance with a drug treatment program and community service. Pleading or being found guilty of drug charges can not only result in incarceration and fines, but also a permanent record and possible collateral consequences, such as losing your driver’s license.
Prostitution, Solicitation
Massachusetts defines prostitution as a crime involving the exchange of money for sexual acts. It does not matter whether or not the act was performed or if the money actually changed hands; one can be guilty of solicitation or prostitution simply by offering money for sex and vice-versa. As a result, solicitation and prostitution cases can be complicated or could engender an entrapment defense. A person accused of prostitution will usually be charged with a misdemeanor that could carry up to twelve months in jail, fines of up to $500, probation, or counseling. Soliciting a prostitute can also result in criminal charges, and child prostitution is a very serious criminal offense. If you are charged with prostitution or solicitation, it is vital that you contact a quality criminal defense attorney such as myself.
Sex Crimes
Besides prostitution and solicitation, there are numerous sex crimes with which you might be charged, such as: internet solicitation of a minor; chat room solicitation; rape and statutory rape; date rape; rape of a child under 16-years old, indecent assault and battery, indecent exposure, and sexual assault. Individuals accused of sex crimes stand to lose more than their liberty, they also stand to lose their reputations. Those convicted of sex crimes must register as sexual offenders, a requirement that attaches a significant social stigma. If you have been arrested or charged with a sex crime, you must contact a qualified criminal defense attorney immediately to protect your freedom and your reputation. You deserve an attorney, such as myself, who will not judge you, but rather will vigorously defend you against your charges.
Theft Offenses
Massachusetts has laws criminalizing numerous theft offenses, from robbery to burglary, to larceny. All of these crimes are considered “crimes of moral turpitude,” meaning that the collateral ramifications of a guilty verdict or plea continue beyond the legal penalties. Theft offenses damage your criminal record and turn up on checks by employers, credit agencies, lenders, and educational institutions, all which may deny services or benefits because of a conviction.
- Robbery: Massachusetts defines robber as illegally taking property from another person, or in a person’s presence, through violence, threats, or intimidation. Where the robbery is committed with a weapon, a defendant faces a more serious crime of armed robbery. Where the robbery results in physical harm being inflicted upon the victim, a defendant faces an aggravated robbery charge. An experienced defense attorney will assist you in defending against a robbery charge, often focusing on the question of identification.
- Burglary: Massachusetts traditionally defined burglary as entering into a dwelling at night with the intent to commit some felony. The law has developed, however, and now includes breaking and entering into any building, at any time, with the intent to commit a felony. A burglary charge can be either a misdemeanor or a felony, depending on the facts and circumstances of the particular case, such as what property was stolen, the type of building entered, whether anyone was inured, and the time of day.
- Larceny: Massachusetts defines larceny as the taking of another’s property without his consent with the intent of permanently depriving that person of the property’s ownership. Larceny can be accomplished in many ways, such as theft, purse-snatching, identity theft, forgery, taking money from a business (embezzlement), or cashing another person’s check. Massachusetts divides larceny between (a) petty larceny, which is typically a misdemeanor where the property stolen is worth less than $250, or (b) grand larceny, typically a felony, where the property is worth more than $500. Larceny generally carries less severe penalties than robbery.
- Receipt of Stolen Property
- Shoplifting: When a person takes property that does not belong to them from a store without paying for it, he has shoplifted. This may also be called Petty Theft or Grand Theft, and it can be charged as either a misdemeanor or a felony depending on the amount stolen. Tag swapping or eating food from a grocery store without paying for it both constitute shoplifting
In all of these theft offenses, two of the most important elements that the prosecution must prove are (1) intent and (2) knowledge. A criminal defense attorney will help you form a viable defense, one that may include a proffer that you did not intend to deprive another person of her property or that you did not know the property was stolen. An experienced attorney, such as myself, can help to argue that the particular facts and circumstances of your case do not give rise to theft.
Traffic Violations & OUIs
Even minor traffic tickets can end up being costly. Not only will you pay a fine when you incur a moving violation, but your insurance premiums will go up. More serious traffic violations can result in a permanent criminal record, more severe fines, and the loss of your driver’s license. If you have been cited for a civil or criminal traffic violation, you should contest the charge and retain an attorney. I can help you contest any civil or criminal traffic charge, such as Operating Under the Influence of Drugs or Alcohol (OUI), speeding violations, reckless driving, causing an accident, fleeing the scene of an accident, or other violations. Additionally, if your license may be suspended, or if it already has been suspended, I can represent you on insurance hearings, Board of Appeal hearings, surcharge hearings, loss of license appeals, and applications for a Hardship License.
Web & Cyber Crimes
Cyber crimes can be broken into two main categories: those of a sexual nature, and those involving fraud and identity theft. Where cyber crimes are of a sexual nature, they often involve minors and carry serious sentences upon conviction. Furthermore, if convicted of a sexual cyber crime, a person must register as a sex offender and may even be forced to wear a monitoring device. Sexual cyber crimes include: receipt or production of child pornography, sexual solicitation, cyberstalking, child enticement and exploitation, possession or distribution of child pornography, and obscenity. Fraud and identity theft cybercrimes include: identity theft, internet fraud, computer hacking, piracy, and illegal purchasing. Beyond these two major categories, an individual might be charged with other cybercrimes involving hate crimes, racism, or extortion. Cybercrimes, especially those of a sexual nature, can result not only in long prison terms, but also the stigma of registering as a sexual offender. If you are under investigation or have been charged with a cybercrime, I can help you combat the charges against you and clear your name.
