OPERATING UNDER THE INFLUENCE
(OUI/DUI)
Operating a motor vehicle while under the influence of drugs or alcohol in Massachusetts can be a costly mistake. Moreover, you can be convicted of an OUI or DUI even if your motor vehicle was not in motion when you were observed by the police officer who arrested you.
The penalties can be severe, including loss of driving privileges and possible jail time for repeat offenders. The penalties imposed can be influenced by many factors, including:
1. Whether you have been charged with a like offense in the past;
2. Whether you were involved in an auto accident;
3. Whether you were on probation when you were charged with the OUI/DUI offense;
4. Whether you took a Breath Test or Field Sobriety Tests.
It is important to have a DUI defense attorney that knows the Judges, District Attorneys, and the Probation Department to ensure the best outcome.
Under Massachusetts law you may be convicted of Assault and Battery if you subject another person to a touching to which they do not consent. There is no requirement that an injury occur, so long as the touching was either “intentional” or “reckless”. If you accomplish a non-consensual touching with an object such as a rock or a knife, you may be convicted of Assault and Battery With a Dangerous Weapon. Assault is considered a “lesser included offense”, and is generally defined as putting another person in fear of imminently being touched against their will.
In some instances you may be able to use a defense to Assault and Battery crimes, including:
1. Self defense;
2. Defense of another.
A jury will never consider these defenses, however, if your criminal defense attorney does not lay the proper foundation.
It is important to hire a criminal defense lawyer who has experience handling assault crimes to protect your rights.
Larceny crimes generally require that the District Attorney prove that you took money or other tangible goods from another person without compensation and with the intent to deprive them of it. Larceny involving items with a value over $250 is a felony. A felony conviction on your criminal record can often have unforeseen consequences such as denial of employment or even suspension of your driving privileges by the Massachusetts Registry of Motor Vehicles. Many cases of this nature can be resolved by showing evidence that tends to show your intent at the time the goods or money were transferred to you.
It is important that you have an experienced lawyer handle your theft defense matter in such a way as to minimize the impact to you.
ROBBERY
Robbery generally involves stealing directly from another person. These crimes are felonies, punishable by jail time in the state prison system. Identity issues are often key to the defense of theft cases.
You need a criminal defense attorney who knows how to effectively handle your robbery case.
Massachusetts recently de-criminalized the possession of small amounts of marijuana for personal use, but it is still a crime to possess even small amounts of marijuana if the District Attorney can prove you intended to distribute it to others. Additionally, the possession of drugs prescribed for another person is generally illegal, as are the possession of illicit drugs such as cocaine or heroin. Massachusetts also has enhanced sentences for conviction of drug possession within a school zone.
Penalties for illegal drug possession range from participation in a “Drug Court” program to a lengthy sentence in a state prison. Additionally, the Registry of Motor Vehicles may suspend your right to drive based upon the outcome of your drug case. It is important to know what the factors are which determine the severity of your sentence.
You need a drug crime lawyer who knows how to properly evaluate the various factors affecting sentencing in your case so as to minimize the damage to you.
DOMESTIC VIOLENCE
The Domestic Violence Laws of Massachusetts are such that any allegation in this area is a very serious matter. Someone alleging domestic violence may be able to obtain a Restraining Order against you. Violation of the terms of these orders, even if they do not involve any further violent acts, may result in a jail sentence. These types of cases can also involve evidentiary issues, such as the so-called “Marital Privilege”, which have a direct bearing on your future. There are usually few witnesses in these types of cases other than you and the person making the allegations against you, and juries often subconsciously sympathize with the alleged victim. Issues of credibility can be the key to resolving these cases in your favor.
You need a criminal defense attorney well versed in the defense of domestic violence cases to ensure a satisfactory resolution.
