Massachusetts Court Cases

In Massachusetts the two most common ways a person can come into contact with the court system is through a civil suit or by facing criminal charges.  A person may face criminal charges when arrested, through the application of a criminal complaint or through the issuance of an indictment.

Felonies versus Misdemeanors

According to Massachusetts General Law Chapter 274, Section 1, a felony is a crime for which a defendant may face a sentence in the state prison.  A misdemeanor has no state prison sentence possibility.  Generally, the incarceration period for misdemeanors is shorter than for felonies, and the overall nature of misdemeanor offenses are often less serious than felonies.  To see a list of maximum potential sentences for various crimes in Massachusetts for both felonies and misdemeanor, click on the following:  http://www.mass.gov/courts/admin/sentcomm/mastercrimelist.pdf.

However, like felonies, if you are convicted of a misdemeanor, the conviction will appear on your criminal record.  Other possible ramifications of both misdemeanor and felony convictions, in addition to jail time, are possible deportation if you are not a U.S. Citizen, fines, difficulty finding a job, and restitution, where the defendant repays the victim for his or her losses, including medical bills and property damage.

Assault & Battery

Assault and battery is covered by Massachusetts General Law Chapter 265, section 13A.  An assault can be committed in two waysâ??an attempted battery or an immediately threatened battery.  An assault is an attempted battery when a person attempts to use some type of physical force on another person.  An assault is a threatened battery when a person shows the intent to use force on another person.  A charge of misdemeanor assault can result in an incarceration term of up to 2 ½ years.

A battery is defined as the harmful or unwanted touching of another person.  In Massachusetts, one can be charged with an assault and battery, where the State must prove, among other requirements, that the touching was either likely to cause bodily harm to the victim, or was done without the person's consent.  A misdemeanor charge of assault and battery can also result in an incarceration term of up to 2 ½ years.  However, if the offense is more serious, such as a felony charge of assault and battery causing serious injury, the defendant may face up to five years in state prison.

OUI/DUI

If you have been arrested or charged with Operating Under the Influence (OUI) of alcohol or drugs under Massachusetts General Law Chapter 90, Section 24 you can face serious consequences.  For the first OUI offense, you can face a fine of $500 to $5,000, jail time of up to 2 ½ years, and have your driver's license suspended for one year.  After the first OUI offense, the penalties become more severe.

For the second OUI offense, you face a fine of $600 to $10,000, jail time of 30 days to up to 2 ½ years, and having your driver's license suspended for two years.  Because the suspension of one's driving privileges can seriously hinder one's ability to attend work or school, you should attend a suspension hearing with the Massachusetts Registry of Motor Vehicles.  For more information on these hearings, click on the following link:  http://www.mass.gov/rmv/suspend/.  An experienced criminal defense attorney can help you navigate through the administrative procedures to reinstate your driving privileges after an OUI arrest.

Additionally, Massachusetts has a "surchargeable points" system where insurance companies will issue surcharges on your insurance premiums for criminal motor vehicle violations, such as OUIs.  In addition to the surcharges, an OUI will count as a surchargeable event, which could ultimately lead to the suspension of your license after acquiring a certain number of surchargeable events.

goSince an OUI offense has serious ramifications; it is important to get a qualified criminal defense attorney, experienced in OUI/DUI offenses, immediately so that your rights are protected.  To consult with an experienced attorney who will vigorously defend you against OUI, assault and battery, or any other criminal offense charges, contact the Law Offices of Stephen J. Weymouth today.