Dedham Criminal Lawyer
An arrest can be a shocking experience. When facing criminal charges, it can seem like everything you worked for and take for granted could be in jeopardy. While it is easy to jump to the worst-case scenario, it is important to remember that an arrest does not mean a person is guilty, nor does it mean that their future is gone. A Dedham criminal lawyer could work with you to build an appropriate defense that supports your desired outcome.
After the police arrest a person in Dedham, they should immediately seek legal representation. The sooner a person hires a lawyer, the better. The arraignment, which is the initial court proceeding, requires the person to enter a plea of guilty, not guilty, or no contest, and it could be beneficial to have the assistance of a Dedham criminal lawyer by this point. During the arraignment, the court will determine the conditions of the release or bail for the defendant.SEX CRIMES
Among the most serious charges that a person may face are allegations of sex crimes. The most serious of these allegations could carry a life sentence in prison. However, even accusations that are only misdemeanors carry potentially harsh jail terms and may require that a person register as a sex offender upon release. Simply facing accusations of a sex crime could change a person’s life.
What Are Common Examples of Sex Crimes?
In general, a sex crime is any accusation that a person violated the sexual privacy of another. Any form of sexual contact that is not welcomed by the person receiving it is illegal. To be more precise, the law specifically defines the following sex crimes:
- Indecent Assault and Battery M.G.L. 265-13H – This is the most basic definition of a sex crime. An indecent assault and battery is any unwelcome physical contact of a sexual nature that offends public sensibilities. In general, this is contact to another person’s genitals, buttocks, or breasts.
- Indecent Assault and Battery on a child under the age of 14 M.G.L. 265-13B – When this indecent assault and battery involves a child under the age of 14, the potential punishments increase.
- Rape M.G.L. 265-22 – Rape is any sexual intercourse, or unnatural sexual intercourse, with any other person against their will. Unnatural sexual intercourse can be a penetration of any orifice with a body part or foreign object. Rape is most severe when committed under the threat of bodily injury or during the commission of another crime.
Other examples of sex-related crimes can include prostitution, possession of child pornography, and open and gross lewdness. The variety of sex crimes allegations vary from the most severe accusations to those of mere public nuisance. As a result, the potential penalties for violations of these statutes can be extremely harsh, or the payment of a simple fine.GUN CRIMES
Most people assume that gun crimes always involve violence. The reality, however, is that many people facing gun charges are good people caught up in confusing legalities. Police frequently arrest gun enthusiasts, collectors, and hunters after they unintentionally break one of Dedham’s several gun laws. Fortunately, a Dedham gun lawyer could help those facing gun offenses defend themselves and move on with their life.
Mandatory Sentencing for Gun Charges
Massachusetts law includes several mandatory minimum sentences associated with gun crimes. For instance, someone possessing an illegal gun outside their home could face a year in prison. Regardless of extenuating circumstances, this minimum sentence is mandatory. Those committing a crime while in possession of a gun could also see jail time. Even if they do not use—or even draw—a gun during the crime, if police find a firearm on a person after a crime, they may face even stiffer sentencing. Mandatory sentences also often eliminate the chance for a person to negotiate a plea bargain.
Are gun charges defensible?
Though it is easy to be unnerved in the face of these mandatory sentences, there are multiple potential defenses a person could use. Some gun charges rest on illegal search and seizure by police. By thoroughly investigating the events that led to an arrest, a Dedham gun attorney could determine whether the police upheld the constitutional rights of the individual charged.
The legal definition of a gun can also be put into question. By partnering with ballistics experts, an experienced firearm defense attorney could conclude whether the gun in question meets the legal definition of a firearm. The defense can even investigate whether a gun was technically in someone’s possession at the time of the arrest. Technicalities like this may be enough to allow for an acquittal or at least mitigate the potential penalties.
Few people ever plan to find themselves facing assault charges. In many cases, threats escalate to violence, leaving an otherwise calm person with little choice but to act. Massachusetts state laws take assault and battery very seriously, so assault convictions can truly jeopardize a person’s future.
Massachusetts defines assault as any action that leads toward another person feeling threatened. Although many people confuse it with battery, assault does not require physical acts of violence. The police can arrest a person on assault charges even if they never laid hands upon another. The combination of assault and battery often does include violent acts, though. No matter how minor, actions someone intended to harm another person can count as battery offense.
Those the state accuses of assault and battery could face jail time of up to two and a half years. The severity of the sustained injuries, the weapons an individual used, and the relationship between the two parties can be factors in deciding a case. The size, age, and relative strength of the parties involved are also considerations.
Voluntary consent is sometimes an appropriate criminal defense strategy. When people engage in activities that may result in injury, an assault did not necessarily occur. Consider, for example, friends in a boxing ring. Because they consented to the physical contact expected in that setting, they may be ineligible to pursue assault charges if one suffers a brain injury.
Another possible defense strategy is self-defense. If someone felt a clear and present threat if they did not act, they may have acted to protect themselves. This defense could also work if they were defending another person. There may be other mitigating factors or defenses depending on the circumstances of the case.HOW A DEDHAM CRIMINAL DEFENSE LAWYER CAN HELP
After an arrest, there are probably countless questions running through your mind. Doubts about the case, what the future holds, and how the arrest will impact your life may all be sources of uncertainty.
If you are facing allegations of criminal activity, an experienced attorney could be the best possible advocate in the wake of criminal charges. A Dedham criminal attorney could walk you through every step of the process of handling such accusations. From the initial arrest to the final court appearance, a criminal lawyer may be the best person to have by your side. Feel free to call or text Attorney DelSignore today, at 781-686-5924.