Misdemeanor Lawyer in Boston

Professional Defense & Guidance for Misdemeanor Charges in Boston

Facing a misdemeanor charge in Boston, MA, can be daunting, but you don't have to navigate it alone. Degiacomo & Mikhlin, P.C. offers compassionate and informed legal defense to help you manage the complexities of the legal system and protect your future. 

Misdemeanor charges in Massachusetts can cover a wide range of offenses, from shoplifting and petty theft to minor assault. Each charge carries its own set of potential penalties, which can include fines, probation, or even short-term incarceration. 

Understanding the specific nature of your charge is crucial, and this is where Degiacomo & Mikhlin, P.C. comes in. We meticulously analyze the charges against you in the context of Massachusetts law, aiming to mitigate the impact on your life. Our team’s experience with local courts in Boston means we know how to tailor your defense, anticipate potential hurdles, and address them effectively.

Facing a misdemeanor charge? Contact a Boston misdemeanor attorney from DeGiacomo & Mikhlin, P.C. Call (617) 941-3666 or reach out online.

Understanding Misdemeanor Laws in Massachusetts

In Massachusetts, misdemeanors are criminal offenses that do not carry a potential punishment of incarceration in a state prison. The distinction between a misdemeanor and a felony is crucial: if a crime can be punished by imprisonment in state prison, it is a felony. All other crimes are misdemeanors. 

The law governing these offenses is found in the Massachusetts General Laws (M.G.L.). A knowledgeable misdemeanor lawyer in Boston will meticulously analyze the specific details of an alleged offense to determine its classification and the best defense strategy.

Classifications of the Offense

Massachusetts law does not use a rigid classification system for misdemeanors like some other states (e.g., Class A, B, or C). Instead, the potential penalties are defined within each specific statute. The maximum penalty for a misdemeanor in Massachusetts is generally up to 2.5 years in a county house of correction.

Common Misdemeanors:

• Assault and Battery: The maximum penalty is 2.5 years at the house of correction or a fine of up to $1,000.
• Larceny (Theft): For a theft of goods or property valued at $1,200 or less, the maximum penalty is one year in jail and a fine of up to $1,500.
• Operating Under the Influence (OUI): A first-offense OUI is a misdemeanor, with a maximum penalty of 30 months in jail and a fine of up to $5,000.
• Disorderly Conduct: This can be a misdemeanor punishable by up to 6 months in jail and/or a fine of up to $200.

It is also important to note that a misdemeanor charge can be elevated to a felony if a person has certain prior convictions or if the crime involves aggravating circumstances. For example, a second or subsequent OUI conviction is considered a felony, and assault and battery against a police officer or EMT is a misdemeanor with an enhanced minimum sentence. 

The firm is prepared to handle both misdemeanor and felony charges and will fight to prevent any escalation of a client's case. They are a comprehensive misdemeanor lawyer in Boston.

Penalties of a Misdemeanor Conviction in Massachusetts

A misdemeanor conviction, even for a seemingly minor offense, can have a profound and lasting impact on a person's life. The penalties a court can impose are only part of the story. The role of a skilled misdemeanor lawyer in Boston is not only to fight the direct penalties but also to help a person understand and mitigate the long-term collateral consequences that can affect their future.

The direct legal penalties for a misdemeanor conviction in Massachusetts depend on the specific offense. These can include:

• Incarceration: Jail time of up to 2.5 years in a house of correction.
• Fines: Fines can be substantial, often reaching into the thousands of dollars.
• Probation: Many convictions result in a period of probation, which requires a person to adhere to strict conditions, such as mandatory counseling, community service, or check-ins with a probation officer.
• Court-Ordered Programs: A person may be ordered to attend various programs, such as anger management or a defensive driving course.

Collateral Consequences

A criminal record for a misdemeanor can follow a person for the rest of their life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards conduct criminal background checks, and a conviction can raise concerns about a person's trustworthiness and reliability.

A criminal record can also limit a person's ability to get into college or secure federal financial aid. Additionally, a conviction for certain offenses, such as family violence, can result in the loss of their right to own or possess a firearm. For non-citizens, a criminal conviction can have severe immigration consequences, including deportation.

The Massachusetts Criminal Defense Process for Misdemeanor Charges

Navigating the criminal justice system in Massachusetts for a misdemeanor charge can be confusing and overwhelming. The firm provides a clear, step-by-step guide and will be with a client at every stage, ensuring they understand their rights and their options. They are an assertive Boston misdemeanor attorney who will be an unwavering advocate from the first court appearance to the final resolution of a case.

1. Clerk's Hearing: For many misdemeanors, a person attends a pre-arraignment hearing where a magistrate clerk decides if there is probable cause to issue a formal criminal complaint.
2. Arraignment: If a criminal complaint is issued, this is a person's first appearance before a judge to be formally notified of the charges, enter a plea, and have bail or conditions of release determined.
3. Discovery: In this information-gathering phase, the firm reviews all prosecution evidence, such as police reports, witness statements, and video footage, to find weaknesses.
4. Pre-Trial Motions and Plea Negotiations: Based on a review of the evidence, the firm may file motions to challenge illegally obtained evidence and negotiate a favorable plea, such as a Continuance Without a Finding (CWOF) or a diversion program.
5. Trial and Sentencing: If a plea agreement cannot be reached, the firm is prepared to take the case to trial. If a conviction occurs, they will present mitigating evidence and arguments to seek the most lenient sentence possible.

Building a Strategic Defense for Misdemeanor Charges

Every case is unique, and they develop a defense strategy tailored to a client's specific situation. As a seasoned Boston misdemeanor attorney, they will leverage every possible defense, including:

• Self-Defense or Defense of Others: They can argue that a client was not the aggressor and that their actions were a reasonable response to the threat of physical harm from the alleged victim. Massachusetts law recognizes the right to use reasonable force in self-defense.
• Lack of Intent or Mens Rea: They can argue that a client lacked the necessary mental state to commit the crime. For example, if the act was an accident or a misunderstanding, it may not meet the legal definition of the charged offense.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. They will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: They can argue that a client has been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: They will challenge any violation of a client's rights, such as an unlawful search and seizure or a coerced confession.

Why Choose Degiacomo & Mikhlin, P.C. for Your Defense

When accused of a misdemeanor, you need a legal team that understands the intricacies of Massachusetts law. The attorneys at Degiacomo & Mikhlin, P.C., with extensive experience as former prosecutors, offer unparalleled insights into the legal process, prepared to counter any strategy used by state prosecutors. 

Choosing the right defense attorney can make a significant difference in the outcome of your case. Degiacomo & Mikhlin, P.C. prides itself not only on its robust legal knowledge but also on its commitment to clear communication.

Our Thorough & Strategic Legal Process

At Degiacomo & Mikhlin, P.C., they begin with an initial consultation to understand your situation and craft a tailored defense strategy. The process includes:

• Case Evaluation: We examine every detail of your case, identifying strengths and weaknesses.
• Strategic Planning: Drawing on our experience, we develop a defense plan that anticipates prosecution tactics.
• Negotiations & Trials: Whether pursuing favorable plea deals or preparing for trial, we are committed to achieving the best possible outcome.

Their legal process is built on a foundation of thorough research and detailed preparation. DeGiacomo & Mikhlin, P.C. believes that the key to effective defense lies in understanding not just the letter of the law but the nuances of how it is applied in Boston’s court systems. This informed approach helps you in methodically challenging evidence, cross-examining witnesses, and presenting compelling arguments that highlight reasonable doubt.

Contact Us for Support & Defense Today

If you've been charged with a misdemeanor in Boston, reach out to Degiacomo & Mikhlin, P.C.. Our professional and approachable team provides clear guidance, helping you feel more at ease during this challenging time. C

Call us at (617) 941-3666 or reach out online for a free consultation. With us by your side, you'll have a dedicated legal partner committed to defending your rights and interests every step of the way.