Criminal Law

October 5, 2017

Upcoming Supreme Court Decisions on Several Big Ticket Criminal Law Items

The fall of 2017 will be a time of major decision making for the U.S. Supreme Court and its new Justice Neil Gorsuch. The Court will be deciding on a number of cases, but its focus on the following cases and criminal law issues is of particular interest to attorneys nationwide. A Boston criminal defense attorney can help you protect your rights if you’ve been charged with any type of crime.

Cell Phone Searches

Is cell phone location data simply routing information, or does it constitute conversational content? That is the big question in United States v. Carpenter, the case in which law enforcement officers used cell site data to incriminate Timothy Carpenter. The officers didn’t get a warrant before obtaining this information, and they used it to link Carpenter to locations at which several robberies had occurred. If cell phone location data is only a form of routing information, it is not protected by the Fourth Amendment. If, however, the Supreme Court decides that this information is a form of conversational content, it is protected by the Fourth Amendment, making law enforcement’s actions in the above case unconstitutional.

October 4, 2017

MA Gun Laws in the Wake of Las Vegas Shooting

by Altman & Altman

On Sunday, a Nevada man opened fire at a Las Vegas concert, killing 58 and wounding more than 500. Stephen Paddock used automatic weapons to shoot concertgoers from his room at the Mandalay Bay hotel. Following the massacre, police discovered .223 caliber and .308 caliber assault rifles, and other firearms that had been altered to operate as automatic weapons. Nevada had previously prohibited high-caliber automatic weapons under the 1994 Federal Assault Weapons Ban, however, that law expired more than 10 years ago.

The tragedy, which is the largest mass shooting in U.S. history, has everyone shocked, and baffled. According to his brother, Paddock wasn’t an avid gun guy. “Where the hell did he get automatic weapons,” said Eric Paddock. “He has no military background or anything like that. A MA defense attorney can help you protect your rights if you’ve been charged with a crime.

Where and how Paddock obtained these automatic weapons is as yet unknown. Some were probably purchased illegally. That being said, Nevada’s gun laws are some of the most relaxed in the nation. Gun owners are not required to register their firearms, or even to be licensed. In Massachusetts, gun laws are much stricter. In fact, MA’s gun laws are some of the most comprehensive in the country. Not surprisingly, MA’s violent crime rates are among the lowest in the country.

Are Gun Laws Really So Tough?

In order to purchase or carry a firearm in Massachusetts, a prospective buyer must be fingerprinted, receive safety training, take a test, and submit to a waiting period. In addition, law enforcement is involved in the entire process.

In MA, there are five different types of firearms licenses. These are:

RFID – Permits an individual to carry pepper spray or mace
FID – Permits an individual to carry pepper spray, mace, and long rifles
Class B license – Permits an individual to purchase long rifles and hand guns with no more than 10 rounds (concealment is not allowed)
Class A license – Permits an individual to purchase any firearm in MA, and includes concealment privileges
The 5th license – Permits the purchase of automatic weapons (for law enforcement only)

If you want to purchase a gun, you must first obtain a license of ownership. In order to obtain a license, you will have to complete an application, pay applicable fees, and be interviewed and fingerprinted at the local police department. From start to finish, it takes about 30 days. By integrating law enforcement into the process, implementing waiting periods, and making the license application so rigorous, purchasing a gun in MA is not an easy task. A Boston defense lawyer can help you determine how to move forward if you’ve been charged with a gun crime.

MA is Tough on Gun Dealers

As hard as the purchasing process sounds, MA gun laws are even more rigorous for dealers. In fact, MA has the harshest gun store laws in the country. Dealers must be licensed, maintain regular communication with the state, keep detailed records, allow inspections, and follow a long list of security regulations. Continue reading

September 26, 2017

Charged with Child Endangerment in MA?

by Altman & Altman

If you are caring for a child – whether your own or someone else’s – you have a legal responsibility to keep that child away from unreasonably harmful or dangerous situations. If you put a child in an unhealthy, inappropriate, or dangerous situation, or you don’t intervene to help remove a child from such a situation, you may be charged with child endangerment. In MA, child endangerment is a serious crime with equally serious consequences.

Children are vulnerable. As adults, it is our responsibility to protect them to the best of our abilities. Child endangerment, abuse, and neglect are punished harshly, and being convicted of any of these crimes can bring a lifetime of consequences. In addition to imprisonment and hefty fines, crimes related to child welfare can ruin your reputation, and negatively impact your ability to get a job or find housing for the rest of your life. Prosecutors can be especially aggressive when it comes to child endangerment cases; nobody wants to go easy on someone who harmed an innocent child. For this reason, child endangerment charges often get blown out of proportion.

OUI with a Child in the Vehicle

One of the most common types of child endangerment charges involves a parent who is arrested for OUI with a child in the vehicle. We all know that drunk driving is illegal, and that doing so with a child is even worse. But people make mistakes…even parents. Let’s say, for example, that Stacy goes to a friend’s house for dinner. She takes her four-year-old twins, Nolan and Chloe. Stacy has two glasses of wine with dinner, knowing that she’ll be fine to drive after a big meal and the passing of several hours. But Stacy’s mom calls from the hospital; she’s having heart palpitations. Stacy scoops up the twins and rushes to the hospital. In a panic, she fails to come to a complete stop at a stop sign and gets pulled over. The officer smells alcohol on Stacy’s breath, and asks her to get out of the vehicle. Stacy submits to a breath test, which registers a blood alcohol concentration (BAC) of 0.09. Stacy is arrested for OUI and winds up facing additional charges for child endangerment.
Common Types of Child Endangerment

The point of the story above is not that Stacy didn’t do anything wrong. She did. Rather, it is to illustrate that even a good parent can make a mistake that endangers a child. In the above case, the prosecution may paint a very different picture of Stacy. Over-dramatizing child endangerment cases is very effective for the prosecution. For this reason, it is crucial to work with a highly-experienced Boston criminal defense attorney if you have been charged with child endangerment or a similar crime. Common types of child endangerment include:

OUI with a child in the vehicle
Failure to properly secure a child in a moving vehicle (car seat, seat belt, etc.)
Exposing a child to drug use, manufacturing, or distribution
Failure to properly secure firearms in the presence of a child
Leaving a young child without supervision
Engaging in sexual activity in the presence of a child

The interesting thing about child endangerment laws is that they are intended to punish behavior that could harm a child, but a child doesn’t need to be harmed for a conviction to occur. For example, if loaded firearms are kept in reach of a child, the responsible adult could be convicted of child endangerment even the child never touched one of the firearms. Of course, cases involving actual harm will generally be punished more severely than those that do not result in injury. A MA defense attorney can help you protect your rights if you’ve been charged with child endangerment.

Intent is also considered when determining punishment in a child endangerment case. If the adult did not intend for the child to be exposed to the harmful situation, the penalties will likely be less severe than if he had. That being said, intent is not necessary to convict someone of child endangerment. As long as a reasonable person would have realized that the situation was dangerous, that is generally enough to convict. For example, leaving a young child in a car unattended can be a form of child endangerment. However, leaving a child in an air-conditioned car for five minutes is very different from leaving a child in a hot car for 45 minutes. In the first scenario, a reasonable person wouldn’t necessarily consider the situation to be dangerous, whereas most reasonable people would find the second scenario to be dangerous. Continue reading

September 22, 2017

The Punishment for the Crime of Arson in Massachusetts

by Altman & Altman

In the past, arson referred to the crime of burning someone else’s home or property while the structure was occupied. It was intended to protect the lives of anyone who happened to be inside the burning structure. However, the modern definition of arson is quite different. Today, the property being burned no longer has to be a home with people inside. It doesn’t even need to be a structure. Burning another’s land, vehicle, or other personal property without their permission is an act of arson.

To prove arson, the prosecution must be able to show that you intended to burn the property, and that you acted without permission. Intention is important, because accidentally burning someone else’s property does not constitute arson. If you purposefully set fire to a neighbor’s fields, this is arson. If the fire was accidental, it is not. In some cases, reckless behavior that results in the burning of another’s property may lead to arson charges.

You can also be charged with arson for setting fire to your own property, but only under certain circumstances. The act must be committed for fraudulent purposes. If you purposely burn down a dilapidated shed on your property, this is not arson. But if you burn down your garage to collect insurance funds, this is arson. A Boston criminal defense attorney can help you protect your rights if you’ve been charged with arson or any other crime.

Penalties for Arson in MA

As with any crime, the penalties for arson are largely dependent on the severity of the crime, and prior criminal history. Arson can be a misdemeanor or a felony, depending on several factors. Felony arson generally involves setting fire to a home or dwelling while people are inside. If convicted of arson in MA, you may be facing:

Up to one year in jail, for misdemeanor offenses.
A prison sentence of between one and 20 years, for felony convictions.
Up to life in prison, if the crime was intended to kill or harm occupants of a dwelling.
Fines of between a few thousand dollars and fifty-thousand dollars, or more.
Restitution (a financial payment intended to compensate victims for any damages suffered).
A probation sentence of at least 12 months, and up to five years.

Section 111A of Massachusetts General Laws Chapter 266 holds that:

Anyone who intends to injure, defraud or deceive any insurance company shall be punished with a prison sentence of not more than five years, or by imprisonment in jail for not less than six months and not more than two-and-a-half years, or by a fine of at least $500 and not more than $10,000. A MA defense attorney can help you determine how to proceed if you’ve been charged with arson. Continue reading

September 18, 2017

Charged with Stalking in MA? – Here’s What you Need to Know.

by Altman & Altman

Stalking and harassment crimes generally involve two people who know each other, often intimately. For this reason, when a person is facing charges for stalking or criminal harassment, he may have been unaware that his behavior had crossed into criminal territory. If you feel jealous or betrayed, you may act out of character. But when these actions cause another to suffer emotional distress, you might find yourself behind bars.

Elements of Stalking

To justify a stalking conviction, the following circumstances must have been present:

The defendant acted willfully and maliciously.
The defendant knowingly engaged in a series of acts.
The acts were directed at a specific person.
The acts caused that person to experience serious alarm.
The acts would have caused any reasonable person to suffer emotional distress.

Stalking can be done in person, over the phone, or through any mode of communication, including email, text and social media, or even by fax. When stalking occurs over electronic channels, it is known as cyber stalking. A MA defense attorney can help you determine how to proceed if you’ve been charged with stalking or criminal harassment.

Stalking Doesn’t Always Start as a Criminal Act

Stalking and harassment typically originate from less-threatening behaviors. Take the following scenario as an example: Gretchen ends her relationship with Tim. She just doesn’t feel the same way about him anymore, and – honestly – she’s been seeing another guy. Tim sends a text to Gretchen, asking her to reconsider. He knows about Jack and forgives her for her infidelity. “Let’s just start over,” he pleads. Tim doesn’t hear back from Gretchen, so he sends a lengthy email apologizing for all the things he did wrong during their relationship, and a voice mail asking her to have dinner with him to discuss and “patch things up.” Although Tim’s communications were directed at a specific person, and occurred in a series, they weren’t malicious, and they probably didn’t cause Gretchen any serious alarm.

But several days pass and Tim doesn’t hear from Gretchen. He starts to get angry. He fires off more emails and texts, but this time he accuses Gretchen of being the reason for all of their problems. He even starts calling her nasty names. Gretchen still doesn’t respond. On day three, Tim can’t take the silence anymore. How can she just ignore him, just toss him out like a bag of garbage – after everything he has done for her! In his blinding anger, Tim begins to send threatening messages. He tells Gretchen that if she doesn’t call him back soon, he’s going to kill Jack. Tim begins visiting Jack’s place of employment. He doesn’t do anything serious – just sits in his car and watches Jack eat lunch. He knows Jack sees him, and hopes the home wrecker gets the point. A few days later, the police show up at Tim’s house, arresting him on stalking charges. Continue reading

September 14, 2017

Burglar Gets 327 Years for Home Invasions and Robberies Targeting Senior Citizens

by Altman & Altman

A San Francisco burglar just received a 327-year sentence for wreaking havoc on the city’s elderly residents. In 2014, German Woods began his criminal spree of home invasions and robberies. The 60-year-old burglar targeted vulnerable senior citizens who lived alone. He would hide in the shadows, attacking as they entered their homes. Many of the seniors spoke very little English, or none at all. In 2016, Woods was convicted on multiple charges, including some for elder abuse.

Consecutive Sentencing vs. Concurrent Sentencing

In the case above, Woods was charged on 17 counts, including burglary, robbery, and elder abuse. Each of these counts carries its own sentence. When a judge decides that a convict must serve multiple count sentences consecutively, each sentence is added to the next. This is how Woods ended up with a 327-year sentence. If, on the other hand, a judge decides on a concurrent sentence, all of the separate sentences will be served simultaneously. A Boston defense lawyer can help you determine how to proceed if you’ve been charged with burglary.

Burglary Penalties in MA

In MA, burglary is loosely defined as unlawful entry into a structure with the intent to commit a felony. Although theft is not necessary to justify a burglary charge, it is a common element of the crime. As with most crimes, the penalties for burglary depend largely on the underlying circumstances, prior criminal history, and the severity of the offense. For example, someone who enters a home for the sole purpose of trespassing will likely receive a lesser punishment than someone who enters a home, ties up the occupants, and steals valuable jewelry. If you are convicted of burglary in MA, you may face the following penalties:

Burglary: This crime is a felony offense and carries a penalty of up to 20 years in prison. If it’s a first offense and no one was home at the time of the burglary, the sentence will generally be less severe. A second offense carries a mandatory minimum sentence of five years.
Armed burglary: Burglarizing an occupied home with a weapon in your possession carries a 15-year minimum sentence for a first offense.
Burglary with assault: Assault doesn’t require the use of a weapon. In fact, you don’t even have to physically harm someone to commit assault. Simply causing another to fear for their safety is enough to justify an assault charge. Burglary with assault carries a 10-year minimum sentence for a first offense.
Home invasion: This offense is similar to burglary in that it requires unlawful entry into a structure with the intent to commit a felony. However, to be considered a home invasion, the crime had to occur at night, in a home, and the defendant had to be armed, know someone was at home, and use force or threats. The penalty for home invasion is a minimum sentence of 20 years, and up to life in prison.

Remember, you don’t have to kick down a door to commit burglary. Burglary can be the simple act of unlawfully entering a structure, even if that means opening an unlocked door and stepping inside. A MA criminal defense attorney can protect your rights if you’ve been charged with burglary or any other crime. Continue reading

September 12, 2017

Charged with Leaving the Scene of an Accident in MA?

by Altman & Altman

Commonly referred to as “hit and run,” leaving the scene of an accident is a criminal offense in MA. As with most crimes, the penalties depend largely on the particulars of the case, the severity of the accident, and prior criminal history.

Consider the following scenarios: Sue runs into her neighbor’s mailbox because she was texting while driving. She’s not intoxicated, and she doesn’t have a criminal record. But she leaves the scene because it’s late at night and she’s too embarrassed to admit her mistake. Sue may be charged with leaving the scene of an accident, but her penalties will likely be minor. Gretchen, on the other hand, hits a pedestrian while driving drunk, breaking the victim’s leg and shoulder. Gretchen has an extensive criminal record. Chances are, her outcome won’t be nearly as pleasant.

Penalties for Leaving the Scene (No Injuries)

In MA, leaving the scene of an accident is loosely defined as failing to stop after a collision to contact the police or exchange information with the other parties involved. At it’s most basic, leaving the scene is a misdemeanor offense. If convicted of this offense, you may face the following penalties:

A fine of up to $200
Up to two years in jail
A minimum license suspension of 60 days with a maximum suspension of one year

But what if the accident was so minor you didn’t even know it had occurred? If you were unaware of the damage, how could you have known to stop and exchange information? While a smashed mailbox would be hard to miss, it is common for minor accidents to be overlooked when it’s dark outside, or due to distractions or loud music.

Penalties for Leaving the Scene (Injuries)

Things get much more complicated if you leave the scene of an injury accident. When you leave the scene of an accident that resulted in injury to another, you will be looking at a mandatory minimum sentence. Penalties for this crime may include:

A minimum of six months in jail, with a maximum of two years
A fine of up to $1,000
A minimum license suspension of one year, up to indefinite
Subsequent convictions carry a minimum two year license suspension

A skilled Boston criminal defense lawyer can help you get your penalties reduced or dismissed entirely. In some cases, you can avoid a conviction by working out a payment arrangement to compensate the victim for medical bills and any other expenses associated with the accident. Continue reading

September 11, 2017

The Harm of Having a Criminal Record in Massachusetts

by Altman & Altman

Having a criminal record can make life extremely difficult. Getting the job or house you want with a felony, or even a misdemeanor, can be impossible. When a person is facing criminal charges, he or she may plead guilty to a lesser charge simply to get the uncomfortable process over with. This makes sense, criminal prosecution is rarely a pleasant process. But considering the consequences of having a record, doing everything possible to avoid one is in your best interest.

Felonies vs. Misdemeanors

In Massachusetts, a felony conviction will likely result in difficulty finding future employment and in the inability to vote. Certain jobs, including some in the state and federal sectors, will be completely off-limits to someone with a felony conviction. And if you’ve been convicted of a sex offense, forget about working in the school system. School districts simply do not hire people with sex offense-related convictions. For these reasons, among others, it is crucial that you hire experienced legal counsel if you are facing felony charges. A skilled MA criminal defense attorney can help you determine how to proceed if you have been charged with a felony offense.

Although not as serious as felonies, misdemeanors can still have a negative impact on an individual’s ability to obtain housing and employment, and can even impact auto insurance rates and credit score. Young people are most vulnerable to the consequences of a criminal record. A conviction can effectively ruin a young person’s life. When a 22-year-old college student receives a felony conviction for a hazing-related offense, for example, his life will likely take an entirely different course. And this change in course is rarely a good one. For non-U.S. citizens, any type of conviction can be devastating; even a misdemeanor can lead to deportation or denial of re-entry into the U.S.

Public Disclosure

Keep in mind that criminal convictions are public information. The harm to your reputation and rights can be the most difficult pill to swallow. Someone with a felony conviction will never be able to possess a firearm or even to serve on a jury. If you were convicted of a sex crime in MA, you will also need to register as a sex offender. A Boston criminal defense attorney can help you protect your rights and reputation if you’ve been charged with a felony or misdemeanor offense.

What is Expungement?

The process of expungement basically means having a criminal record sealed from public view. In Massachusetts, individuals convicted of certain crimes can apply to have their records sealed after the passing of a certain amount of time. For misdemeanor offenses, the waiting period is five years, and it’s 10 years for felony convictions. Some crimes, including sex offenses and firearms offenses can never be sealed. Although expungement seals your record of public view, there are certain Continue reading

September 8, 2017

Theft, Burglary, and Robbery – What’s the Difference?

by Altman & Altman

Most people use the words theft, burglary, and robbery interchangeably. Although these three property crimes share some similarities, they are distinctly different. They all involve the act of taking or unlawfully entering another’s property, but that’s pretty much where the similarities end.

Theft

Also known as larceny, theft involves the unauthorized taking of another’s property. In order to prove theft, the intent must be to permanently deprive another of his or her property. For example, if Sara takes a friend’s bicycle to have it fixed for her birthday and brings it back the next morning, that is not theft. If Sara takes a friend’s bicycle and hides it in her shed for months because she thinks the “friend” is having an affair with her husband, that is theft. Theft is the most basic, and usually the least serious, of these crimes. A MA defense lawyer can help you protect your rights if you’ve been charged with theft or any type of property crime.

Burglary

Burglary involves unlawful entry into another’s structure. Although theft is often a component of burglary, nothing needs to be taken to justify a burglary charge. In fact, the intent to steal isn’t even necessary. What is necessary is the intent to commit a crime. If Bob breaks into an abandoned building because he wants to rescue a dog that was locked inside, that’s not burglary. If Bob breaks into an abandoned building to steal items that were left behind, he will likely be charged with burglary. But Bob can be charged with burglary even if he doesn’t steal anything. If he breaks into the abandoned building to commit a crime – to sell drugs, for example – a burglary charge may follow. Furthermore, breaking and entering isn’t even necessary. If Bob just turns the door handle and walks inside – with the intent to commit a crime – this act of unlawful entry may still result in a burglary charge.

Further, the intended crime doesn’t even need to be committed for a person to be charged with burglary. For example, if Bob broke into the building to sell drugs but never went through with the transaction, he can still be charged with burglary.

Robbery

Robbery, on the other hand, does involve the intent to steal. It also involves physical force or the threat of harm. If someone grabs your purse out of a shopping cart and runs, this is theft, but it’s not robbery. If, however, the person knocks you down and grabs your purse from the shopping cart, this is robbery. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with robbery or another type of property crime.

Penalties for Theft, Burglary and Robbery

In MA, you may face the following penalties if you are convicted of theft, burglary, or robbery:

Theft: If the stolen property is valued at $250 or less, the penalties are a fine of up to $300 and up to one year in jail. If the property is worth more than $250, the penalties are up to two years in jail and a fine of up to $25,000.

Burglary: As with most crimes, the unique circumstances of the crime and prior history will impact the penalties. Burglary is a felony and those convicted could see up to 20 years behind bars. For second and subsequent offenses, however, there is a mandatory minimum sentence of at least five years. If you committed armed robbery, the mandatory minimum is increased to 15 years.

Robbery: If you assault someone with the intention of stealing from him, you may be convicted of felony robbery. This is true even if you are not successful in your attempt to steal. This crime carries a penalty of up to 10 years in prison. If the robbery involves confining the victim or victims and threatening violence (for example, a bank robbery), you may face up to life in prison.

September 8, 2017

MIT Frat House Cited for Operating as Night Club – Criminal Charges to Follow?

by Altman & Altman

According to Boston police, MIT’s Phi Delta Theta fraternity house was being “operated as a nightclub” on Sunday night, complete with a DJ and strobe lights. The fraternity failed to obtain the City of Boston License Division’s approval, but the problems don’t stop there. Underage drinking, a waterfall pouring down a marble staircase, and other hazardous conditions have resulted in the issuance of a violation to the fraternity’s president.

The inspection of the premises came after Boston police saw a “line of approximately 40 college-aged persons awaiting entry” into the fraternity house. During the inspection, detectives talked to a fraternity member who was stationed at the front door to record the number of people inside the building. When asked by police, he responded that there were 116 people inside.

Staircase Waterfalls and Underage Drinking