Criminal
Criminal Charges We Have Experience With
The following is a list of criminal charges we have experience with and
their definitions:
Narcotics Violations
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).
Money Laundering
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.
Theft
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,...).
Sexual Assault
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".
Rape
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".
Domestic Violence
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.
Assault & Battery
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...).
Kidnapping
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".
Alien Smuggling
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.
Illegal Re-Entry After Deportation
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)
Operating a Motor Vehicle Under the Influence of Alcohol
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.
Murder
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.
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