Violent Crimes Lawyer

Violent Crimes Attorney

The legal system in Massachusetts, while founded on the principle of innocent until proven guilty, can be unforgiving and overwhelming for those charged with violent crimes. The police, the prosecution, and the public will often treat an accusation as a conviction, making a swift and decisive defense your only option.

At the Law Offices of Daniel DeMaria, we have dedicated our practice to defending the rights of those accused of violent crimes. We understand the high stakes and the immense pressure you are under. Our approach is built on the belief that every client deserves a rigorous, compassionate, and unwavering defense. We are not just your attorneys; we are your advocates, prepared to challenge the prosecution at every turn and fight for the best possible outcome. From the moment you are arrested or contacted by law enforcement, we stand ready to protect your rights.

The Grave Consequences of a Violent Crime Charge in Massachusetts

In the Commonwealth of Massachusetts, violent crimes are not only subject to a different level of scrutiny but also carry some of the harshest penalties in the criminal justice system. A conviction can result in a lifetime of consequences, far beyond the initial sentence. The prosecutor’s office will often pursue these charges with a singular focus on securing a conviction, which is why having an experienced legal team is non-negotiable.

The potential penalties for violent crimes are severe, often including:

• Lengthy Prison Sentences: Many violent crimes in Massachusetts carry mandatory minimum sentences or the possibility of life in prison.
• Significant Fines: Court-imposed fines can amount to thousands of dollars.
• Mandatory Parole or Probation: After serving a sentence, you may be subject to a period of parole or probation with strict conditions.
• Permanent Criminal Record: A conviction for a violent crime will appear on your criminal record forever, impacting your ability to secure employment, housing, and educational opportunities.
• Loss of Rights: You may lose certain civil rights, such as the right to own or possess firearms.
• Social Stigma: The public stigma associated with a violent crime conviction can make it difficult to re-enter society and rebuild your life.

A conviction can also lead to a variety of collateral consequences, which are legal disabilities imposed by law as a result of a criminal conviction, but not as part of the court’s judgment. These can include restrictions on professional licenses, the ability to vote, and immigration status.

Types of Violent Crimes We Defend

Daniel DeMaria has experience defending clients against a wide range of violent crime charges. We carefully investigate the facts of each case to craft a defense that is both strategic and effective.

Homicide

Homicide is the most serious crime a person can be charged with in Massachusetts, defined as the unlawful killing of another human being. The penalties for a conviction are life-altering, but the specific charges and defenses depend on the circumstances and intent behind the act.

Types of Homicide in Massachusetts:

• First-Degree Murder (M.G.L. c. 265, § 1): The most serious form of homicide. To secure a conviction, the prosecution must prove the killing was committed with deliberately premeditated malice aforethought, with extreme atrocity or cruelty, or in the commission of a felony punishable by life in prison.
• Second-Degree Murder: This is a catch-all for any murder that does not meet the criteria for first-degree murder. It still requires proof of malice, but without the elements of premeditation or extreme atrocity.
• Manslaughter: A less serious form of homicide that does not involve malice.
  • Voluntary Manslaughter: Occurs when a killing is committed in the heat of passion or by provocation, without malicious intent.
  • Involuntary Manslaughter: An unintentional killing that results from a wanton and reckless act.

Potential Defenses:

• Self-Defense: We can argue that the killing was justified because you were defending yourself or another person from a deadly threat, and you had a reasonable belief that you were in imminent danger.
• Lack of Malice or Intent: We can challenge the prosecution’s claim that the act was committed with the required intent for murder, arguing for a lesser charge of manslaughter.
• Accident: In some cases, a death may have been a complete accident, and we can present evidence to prove that there was no criminal intent.
• False Accusation/Mistaken Identity: We will thoroughly investigate the evidence to ensure you were not wrongly accused or misidentified as the perpetrator.

Carjacking

In Massachusetts, Carjacking (M.G.L. c. 265, § 21(a)) is a serious felony. It is defined as the act of assaulting, confining, or putting a person in fear for the purpose of stealing a motor vehicle. This crime is treated with extreme gravity due to the element of direct confrontation and threat of force against a person.

Penalties:

A conviction for carjacking can result in up to 15 years in state prison. If the accused was armed with a dangerous weapon, the penalty can increase to up to 20 years in state prison. The use of a dangerous weapon, whether a gun or an everyday item used in a threatening manner, significantly elevates the charge and the potential sentence.

Potential Defenses:

• Lack of Intent: We can argue that you did not intend to steal the vehicle by force or intimidation.
• Misidentification: Eyewitness testimony can be unreliable. We will challenge the accuracy of any identification and present evidence to show you were not at the scene of the crime.
• Challenging the “Dangerous Weapon” Element: The prosecution must prove the alleged weapon was dangerous. We can argue that the item was not capable of causing harm or was not used in a threatening manner.

Kidnapping

Kidnapping (M.G.L. c. 265, § 26) is the act of forcibly or secretly confining, imprisoning, or moving a person against their will. This crime is often charged in conjunction with other offenses, such as sexual assault, armed robbery, or domestic violence, which can lead to enhanced penalties.

Penalties:

Kidnapping carries a maximum penalty of up to 10 years in prison. However, the sentence can be significantly increased if the kidnapping was for ransom or if the accused was armed with a dangerous weapon. A conviction for a kidnapping that results in serious bodily injury can lead to a state prison sentence of up to life.

Potential Defenses:

• Consent: We can argue that the alleged victim willingly accompanied you and that there was no secret or forcible confinement.
• Lack of Intent: The prosecution must prove that you had the specific intent to secretly confine or imprison the person. We can argue that your actions, while possibly a civil matter, were not a criminal act of kidnapping.
• Custody Dispute: In cases involving a child, we can argue that it was a parental custody dispute and not a criminal act of kidnapping, which falls under a different statute with less severe penalties.

Armed Robbery

Armed Robbery (M.G.L. c. 265, § 17) is a serious felony that involves the assault of a person with the intent to rob, steal, or take money or property while being armed with a dangerous weapon.

Penalties:

A conviction for armed robbery can result in a state prison sentence of up to life or for any term of years. If the robbery was committed with a firearm while wearing a mask or disguise, the mandatory minimum sentences are severe.

Potential Defenses:

• Misidentification: Armed robbery cases often hinge on eyewitness accounts, which can be flawed. We will investigate the circumstances of the identification and argue that it is unreliable.
• Lack of a Dangerous Weapon: We can challenge the prosecution’s claim that you were armed with a dangerous weapon. The prosecution must prove that the item was either an inherently dangerous weapon (like a gun or a knife) or used in a way that made it a dangerous weapon (like a pencil or a rock).
• No Intent to Steal: The prosecution must prove you intended to permanently deprive the victim of their property. We can argue that the taking was accidental or for a different purpose.

Home Invasion

Home Invasion (M.G.L. c. 265, § 18C) is an extremely serious crime in Massachusetts, often confused with burglary. The elements of the crime are specific and include:

1. Entering the dwelling of another.
2. Knowing or having reason to know that a person is lawfully in the dwelling.
3. Being armed with a dangerous weapon at the time of entry.
4. Using or threatening to use force on an occupant.

Penalties:

A conviction for home invasion carries a mandatory minimum sentence of 20 years in state prison, with a maximum penalty of life. The law is designed to punish those who violate the sanctity of a person’s home with the intent to commit violence.

Potential Defenses:

• Lack of Knowledge of Occupants: We can argue that you did not know or have reason to know that someone was home at the time of entry.
• No Dangerous Weapon: The prosecution must prove that you were armed with a dangerous weapon at the time of entry. We will challenge this element if the evidence is weak.
• Absence of Intent to Commit Force: The prosecution must prove that you used or threatened force on an occupant. We can present evidence that no force was used or intended.
• Legal Entry: We can argue that you had a right to enter the dwelling, which would negate a key element of the crime.

Burglary

Burglary (M.G.L. c. 266, § 14) is a felony that involves breaking and entering a dwelling at night with the intent to commit a felony. It is a distinct charge from Home Invasion and is typically pursued when the home’s occupants were not present.

Penalties:

A conviction for Burglary in Massachusetts can result in a state prison sentence of up to 20 years. If a person is armed during the burglary, the penalties increase significantly.

Potential Defenses:

• Lack of Intent to Commit a Felony: The prosecution must prove that your intent upon entering the dwelling was to commit a felony. We can argue that you had a different, non-criminal purpose.
• No “Breaking and Entering”: Under Massachusetts law, “breaking” does not require property damage. However, we can challenge the prosecution’s claim that a door or window was forced open.
• Wrong Time of Day: We can argue that the alleged crime did not take place during the “nighttime,” which is defined as one hour after sunset to one hour before sunrise.

The Power of an Aggressive Defense

An accusation of a violent crime is not a conviction. The Commonwealth has the heavy burden of proving your guilt beyond a reasonable doubt, and every step of their case can be challenged. At the Law Offices of Daniel DeMaria, we have the skill and experience to defend clients against these serious charges.

Our approach is built on:

• Meticulous Investigation: We will conduct our own thorough investigation, gathering evidence, interviewing witnesses, and examining all facets of the case.
• Strategic Motion Practice: We will file motions to suppress illegally obtained evidence, challenge flawed police procedures, and seek to dismiss charges that are not supported by the law.
• Skilled Negotiation: We are prepared to negotiate with prosecutors to reduce or dismiss charges, but we will never compromise your rights.
• Unwavering Trial Advocacy: If your case goes to trial, we will be your fiercest advocates, challenging the prosecution’s evidence and presenting a compelling case to the jury.

FAQs: Answers to Your Most Pressing Questions

1. What is the difference between Murder and Manslaughter? In Massachusetts, the core difference between murder and manslaughter is the element of malice. Murder requires the prosecutor to prove malice, which can be shown through premeditation, extreme cruelty, or an intentional killing. Manslaughter, on the other hand, is the unlawful killing of a person without malice. Voluntary manslaughter often occurs in the “heat of passion,” while involuntary manslaughter results from reckless conduct.
2. What does it mean to be indicted by a Grand Jury? A grand jury is a body of citizens that hears evidence from the prosecutor to determine if there is enough probable cause to issue a formal charge, known as an indictment. An indictment is not a finding of guilt; it simply means there is enough evidence for the case to proceed to trial. While the defense is not present at the grand jury, an experienced attorney will be prepared to challenge the indictment once the case is in the Superior Court.
3. What are the common defenses to a violent crime charge? Common defenses to violent crimes include: self-defense, arguing that you were protecting yourself or another from harm; misidentification, challenging the eyewitness account; lack of intent, arguing that you did not have the required criminal intent; and false accusations, alleging that the accuser fabricated the story. A strong defense may involve one or more of these strategies.
4. What is a “dangerous weapon” in Massachusetts law? A dangerous weapon is not limited to firearms or knives. Under Massachusetts law, an object can be a dangerous weapon if it is designed to cause harm (per se), or if an object, otherwise innocent, is used in a way that is likely to produce death or serious bodily injury. This can include items like a car, a baseball bat, or even a shoe if used to assault another person.
5. How is Home Invasion different from Burglary? While both involve breaking into a dwelling, Home Invasion is considered a more serious crime because the accused knows or has reason to know that someone is lawfully present inside the dwelling. Home invasion requires the use or threat of force on an occupant and a dangerous weapon. Burglary, in contrast, typically occurs when the dwelling is unoccupied and requires the intent to commit a felony once inside.
6. What is the “no-drop” policy for violent crimes? In Massachusetts, many prosecutors have a “no-drop” policy for violent crimes. This means that even if the alleged victim wants to recant their statement or drop the charges, the prosecutor has the discretion to proceed with the case. The decision to prosecute is ultimately in the hands of the state, not the victim.
7. Can my criminal record be sealed or expunged in Massachusetts? Yes, under certain circumstances. In Massachusetts, records can be sealed after a certain period of time without a subsequent conviction. This makes the record inaccessible to the public. However, sealing does not erase the record. Expungement, a more comprehensive process, is reserved for very specific situations, such as juvenile offenses or cases where there was a verifiable error.
8. What is the difference between a felony and a misdemeanor in Massachusetts? The main distinction between a felony and a misdemeanor in Massachusetts is the potential punishment. A crime is considered a felony if it can be punished by a sentence in state prison. A misdemeanor is any crime that can only be punished by a sentence in a county jail or house of correction. All of the crimes listed above are felonies.
9. What are “collateral consequences” of a conviction? Collateral consequences are the negative impacts of a criminal conviction that are not part of the court’s official sentence. These can include losing your right to own a firearm, being unable to obtain certain professional licenses, being denied public housing, or having a conviction used against you in a child custody dispute.
10. What does it mean to have a “mandatory minimum” sentence? A mandatory minimum sentence is a required minimum prison term that a judge must impose upon conviction, regardless of the specific facts of the case or the defendant’s personal history. Certain violent crimes in Massachusetts carry mandatory minimum sentences, meaning the judge has no discretion to impose a shorter sentence or probation.

Call us at 617-651-5577 or fill out our online contact form to get the immediate legal help you need and deserve.