|
|

|
 
The following is a list of criminal charges we have experience
with and their definitions:

- We have extensive experience defending the two major categories
of narcotics violations: possession and distribution.
Possession
It is illegal to possess a substance defined under federal and
state law as a "controlled substance" without authorization.
Possession includes having a "substance" physically on your
person (jacket, bag, pocket, ...) or in an area which you control
(your house, car, apartment, yard...)
Distribution
It is illegal under federal and state law to possess a substance
defined as a "controlled substance" with the intent to distribute,
sell, or transfer to another, without proper government authorization.
The classification of the defense as distribution is determined
by the person's conduct, including but not limited to selling
or attempting
to sell
the substance,
or by the amount or weight of the substance that is possessed
or controlled (meaning that the narcotic need not necessarily
have to be in your possession, if you control its sale or distribution).
-

- It is against state and federal law to disguise illegally
gained proceeds from illegal activities such as: drug trade,
counterfeiting, fraud including international securities and
credit card fraud, and similar activities that harm individuals
as well as financial systems and institutions.
The penalties for such offenses include civil forfeiture of
money and property as well as prison sentences.

- It is illegal to take, steal or embezzle with intent to convert,
the property of another.
There are a wide array of penalties for theft depending upon
the nature of the item stolen, its value, whether force or
violence
was employed, and the characteristics of the victim from whom
the item was taken (penalties tend to be higher if the victim
is
a "weaker" person, i.e. child, elderly person, mentally
disabled,...).

- It is illegal pursuant to state law to physically touch another
person on their "private" body parts with intent and without
their consent.
A conviction pursuant to this law generally can result in a
prison sentence or a period of probation, depending upon two
factors, the criminal history of the defendant, and the age
and susceptibility of the victim.
These laws often require a person who is convicted to register
with state authorities as a "sexual offender".

- It is against state law to engage in sex with another person
without their consent.
Sex for the purposes of "rape" statutes generally means the
unprivileged entry of any bodily orifice.
Children under the age of majority (varies for each state, for
example the age of majority for sexual relations in the Commonwealth
of Massachusetts is 16) cannot consent to engaging in sexual
conduct. This is strictly prohibited even if the defendant is
not aware that the other person is under the age of majority.
A conviction pursuant to this law generally can result in a
prison sentence or a period of probation, depending upon several
factors, the criminal history of the defendant, whether force
or violence was used, and the age and susceptibility of the
victim.
These laws often require a person who is convicted to register
with state authorities as a "sexual offender".

- State law prohibits physical violence or threats of physical
violence between individuals who share a "domestic" relationship
(attempting to cause or causing physical harm or placing another
in fear of imminent serious physical harm).
A domestic relationship is generally defined as a relationship
between spouses and former spouses, persons who are or were
living together, persons who are or were related by blood or
marriage, parents of a minor child (regardless of whether they
have ever married or lived together), and persons "who are or
have been in a substantive dating or engagement relationship.
Recently the penalties for a conviction of Domestic Violence
have become more severe. The courts and the prosecutors generally
require that an individual undergo therapy or join an "anger
management" program.

-
An assault is either an attempted battery or an unlawful offer
of harm that places another person in reasonable fear or apprehension
of an immediate battery. Battery is the harmful or offensive
touching of another person, without justification or excuse.
This type of conduct includes most acts of violence or attempted
violence. The incidents become more serious if dangerous weapons
are used or severe injury is caused.
The penalties for this type of crime range from a prison sentence
to a period of probation, depending upon several factors, including,
the criminal history of the defendant, the nature of the force
or violence, the type of injury that resulted and the characteristics
of the victim (child, elderly person, mentally disabled, sick
or infirmed...).

-
Presently there are two forms of kidnapping, general or traditional
kidnapping and parental kidnapping.
General Kidnapping
A person may be accused of kidnapping if he/she unlawfully and
without consent, removes a person from a location, or if he/she
unlawfully confines another for a substantial period of time
in a place of isolation.
Parental Kidnapping
Anyone who is a relative of a child less than eighteen years
old, who without lawful authority, holds or intends to hold
such a child permanently or for a protracted period of time,
or takes or entices a child from his lawful custodian, can be
accused of "parental kidnapping".

-
According to Section 273 of the Immigration & Nationality Act
it is unlawful for any person to bring an alien who does not
have a valid passport and an un-expired visa, to the United
States from any foreign location.
According to Section 274 of the Immigration & Nationality Act,
it is unlawful for any person to bring to, or to attempt to
bring to the United States in any manner whatsoever, an alien
at a place other than a designated port of entry, regardless
of whether such alien has received prior official authorization
to come to, enter, or reside in the United States and regardless
of any future official action which may be taken with respect
to such alien.

-
It is against the law for any person who has been ordered deported
or removed from the United States by the Immigration & Naturalization
Service, to re-enter the United States without the expressed
consent of the U.S. Attorney General for a prescribed period
of time (generally five to twenty years)

-
In general it is unlawful to operate a motor vehicle on a public
road or way, while under the influence of intoxicating liquor,
marijuana, narcotic drugs, depressants, or stimulant substances.
The penalties for a violation of this law include probation
or a jail sentence depending upon the number of times that a
person has been convicted previously, and whether there was
serious damage to persons or property. The courts and prosecutor
will routinely require completion of an alcohol or substance
abuse education program as part of any sentence.

-
In order for someone to be found guilty of first degree murder
the government must prove that the person killed another person;
with malice aforethought; and the killing was premeditated.
Involuntary manslaughter is "an unlawful homicide, unintentionally
caused in the commission of an unlawful act, malum in se, not
amounting to a felony nor likely to endanger life or by an act
which constitutes such a disregard of probable harmful consequences
to another as to constitute wanton or reckless conduct."
Voluntary manslaughter is an unlawful homicide arising not from
malice, but in sudden passion induced by reasonable provocation,
sudden combat, or excessive force in self-defense.
|
Disclaimer:
The information contained in this Web site is general
in nature and subject to change at any point in time. As such,
it may not necessarily apply to all situations. Therefore,
under no circumstance it should be construed as legal advice.
Please
ensure that you consult with an attorney regarding your specific
situation before starting a legal process.
|
|