Boston Criminal Defense Attorney Stephen Neyman

You may feel deeply frustrated, confused, and betrayed if you have been accused of domestic assault and battery. This is the same as assault and battery, except that it occurs between family members or people in an intimate relationship. Domestic assault and battery is generally charged as a misdemeanor, with up to 30 months of jail time, although aggravated assault and battery is a felony that can carry five years of imprisonment. Domestic assault and battery involving a weapon can result in 15 years of imprisonment. Even if the victim does not want to press charges or asks to drop the charges, the prosecution still may proceed.

You should promptly consult an attorney in this situation. Even if you have no criminal record or no previous assault and battery conviction, you may face jail time and other serious consequences. Rather than taking the first plea deal offered to you, you should make sure to consider all of your available options with the guidance of a criminal defense attorney in the Boston area.

Many of the most commonly charged crimes in Massachusetts are based on possessing, possessing with the intent to distribute, or trafficking in controlled substances. These may include heroin, cocaine, fentanyl, marijuana, and even prescription drugs that are not authorized. Massachusetts imposes harsh punishments for drug crimes, which often include substantial prison sentences. Even if you are able to avoid prison time, having a drug conviction on your record can adversely affect your educational and employment prospects, as well as your reputation. Stephen Neyman has obtained many favorable results for people charged with complex drug crimes. He can carefully investigate your case with an eye to both substantive and procedural defenses.

Having one or more controlled substances in your possession, whether this was for personal use or distribution, can lead to drug possession charges. The penalties will depend on how much of the drug was allegedly found in your possession and the schedule in which the drug is classified. You could face up to two years in jail for a first offense, and the penalties increase for subsequent offenses. If you are facing a charge in Boston or beyond, criminal defense attorney Stephen Neyman can fight for your rights. If the police obtained evidence in violation of constitutional rules on searches and seizures, for example, he can file a motion to suppress this evidence. This may prevent the prosecution from proving its case.

Possession of a drug with intent to sell or distribute it is charged as a felony in Massachusetts. The prosecution must show that the defendant not only had the drugs in their control but also had the intent to sell them. If you were charged with possession with intent to distribute cocaine, for example, you could face a prison term of two and a half years for a first offense, and you might face as much as 10 years in prison for a subsequent offense. A defendant can face greater penalties if they intended to sell the drugs to a minor. Fortunately, there are often strong defenses to these types of charges. Among other substantive and procedural arguments, your attorney might be able to attack the intent element of the charge, which the prosecution also must prove beyond a reasonable doubt.

Drug trafficking involves distributing or intending to distribute a certain amount of controlled substances. Upon a conviction, a defendant will face a mandatory minimum prison sentence, with no possibility of parole until they have served a certain term. As a result, it is especially important to consult a skilled criminal defense lawyer in the Boston area for this type of case. The mandatory minimum sentence depends on the type of drug and the amount that the defendant is alleged to have possessed. For example, heroin trafficking carries a mandatory minimum of three and a half years if the defendant trafficked 20 grams. On the other hand, if they trafficked 150 grams, they would face a mandatory minimum of eight years.

In addition to a substantial prison term and other criminal penalties, a sex crime conviction can lead to the requirement of registering as a sex offender. This can hamper your ability to find a job or live in the area of your choice. Even if you believe that you did nothing wrong, you should refrain from trying to clear your name with the police or discussing the charges with other people. Instead, you should understand the high stakes in the situation and seek legal counsel without delay. Your attorney can work to interview witnesses, subpoena evidence, build an alibi, and otherwise build a strategy to attack the prosecution’s theory of the case. Stephen Neyman understands the nuances of these situations and is ready to fight for your rights.

Rape is the most serious type of sex crime in Massachusetts, and it can result in up to life in prison even upon a first-time conviction. A second conviction of rape can lead to a life sentence. To get a conviction, the prosecution must show that an object penetrated an orifice of the victim, the defendant used force or threatened to use force, and the victim did not consent to the intercourse. It may occur between strangers or acquaintances. Unfortunately, wrongful convictions based on rape are not uncommon, and many people have been exonerated based on DNA evidence. To make sure that you protect your rights, you should retain a knowledgeable Boston criminal defense lawyer who can handle any interactions with the police and prosecution on your behalf.

The crime of indecent assault and battery can result in up to five years of imprisonment and will result in registration as a sex offender. This involves a situation in which the defendant intentionally engaged in harmful or offensive touching that was indecent, and there was no justification or excuse for the conduct. Whether a touching is considered indecent depends on whether it would offend current moral values and violate the norms of society. Indecent assault and battery on someone who is under 14 is a separate strict liability crime that results in different penalties. Stephen Neyman has defended many people accused of indecent assault and battery during his 30 years of practice. He can examine the details of the situation and determine which defense strategies may prove effective.

Massachusetts prohibits either soliciting a prostitute or receiving money for soliciting a prostitute. This is a misdemeanor offense under state law, which means that you may face up to one year of imprisonment and a fine. While the penalties are not as severe as the penalties for some other sex crimes, a defendant may find a conviction deeply embarrassing, and a criminal record of any nature can be damaging. Rather than trying to argue for your innocence with the police or prosecutors, you should consult a criminal defense lawyer in the Boston area. There often is a way to challenge the story that gave rise to the charge or provide a legitimate explanation for events.

While indecent exposure is charged as a misdemeanor, open and gross lewdness is charged as a felony in Massachusetts. It can result in a prison term of up to three years or a jail term of up to two years. The crime involves intentionally exposing genitals, buttocks, or female breasts to someone else in a way that was meant to cause shock or distress and actually caused shock or distress. The defendant must have intended public exposure or recklessly disregarded the risk of public exposure, but it does not need to have occurred in a public space. However, there may be a constitutional defense in some cases, or an argument that the actions occurred in an area where the defendant would have had a reasonable expectation of privacy.

The crime of shoplifting covers many situations in which someone takes property belonging to a store or another business without intending to pay for it. This may involve not only literally walking away with an item but also removing a price tag, changing a tag, hiding an item, or otherwise altering the appearance of an item’s value. You should consult a criminal defense attorney in Boston if you have been charged with this crime, especially if you have been accused of shoplifting property worth $100 or more. Rather than simply pleading guilty, we will explore any defenses that may apply. For example, the prosecution must prove the value of the property taken and also must prove that you intended to take the property. Oftentimes an experienced criminal defense attorney can get shoplifting charges dismissed prior to arraignment or dismissed on court costs. No matter how benign you think the charge is it is never advisable to go into court on a shoplifting case without a lawyer.

Also known as show cause hearings, clerk magistrate hearings may occur when a police officer did not witness criminal activity occurring. The purpose of the hearing is to determine whether there is probable cause to support a criminal charge. A police officer or someone else starts the process by filing an Application for Criminal Complaint. The accused is not a criminal defendant at this stage but is considered a “respondent.” They will receive notice of the hearing and will have the opportunity to explain their side of the story. While this may seem less important than criminal proceedings, it is a critical stage of the case because it is a way to forestall any charges being issued. This can avoid the stress and risk of a formal prosecution later.

Every criminal case is different. Every person accused of a crime possesses different motivations, family backgrounds, financial circumstances, and needs. What is common to all criminal cases, however, is the need for a zealous and aggressive criminal defense advocate. Enlisting an advocate who understands the law and fights tirelessly on their clients’ behalf can significantly affect the outcome of your case.

The potential legal penalties for criminal convictions are harsh. They can include lengthy jail or prison time, hefty fines, intensive treatment programs, many hours of community service, and probation. Just as difficult as these legal consequences is the social stigma that accompanies a conviction, which can be debilitating, affecting one’s job opportunities and personal relationships.

If you have been accused or charged with a crime, or you are unhappy with the outcome of your criminal case, consult our firm. All of our consultations are confidential and protected by the attorney-client privilege. Contact us at 617-263-6800 or via our online form.