Criminal Law

September 8, 2017

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

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

September 6, 2017

What are Hate Crimes and How are they Punished in MA?

by Altman & Altman

A hate crime is a criminal act committed against a victim because he or she belongs to a specific, protected group. In addition to the actual victim, hate crimes may pose a threat to society at large. For example, if a Muslim man is attacked for his religious beliefs, it stands to reason that the attacker may pose a threat to other people of the Muslim faith. For this reason, among others, hate crimes carry especially severe penalties in MA and across the nation.

Protected Groups

Although the First Amendment to the Constitution guarantees every citizen the right to free speech, it does not protect hate crimes. Hateful thoughts and speech are not the same as a hate crime. Posting anti-gay comments on your Facebook page may be protected as free speech, but threatening to kill a man because he’s gay is not free speech, it’s a crime.

You may be charged with a hate crime if you criminally target an individual because of his or her:

Race
Color
Gender
National origin
Religion
Gender
Sexual orientation
Disability

And perception is what counts. If a straight man is beaten up because his attacker thinks he’s gay, the attacker can still be charged with a hate crime even though the victim does not belong to a protected class. A Boston criminal defense attorney can help you determine how to proceed if you’ve been charged with a hate crime.

Categories of Hate Crimes

Hate crimes can be committed against a person or group of people, or against an institution.

Institutional target – prohibits the vandalism of protected institutions, such as churches, synagogues, or mosques.
Protected group – prohibits threats or violence against individuals because of their membership in a protected group, such as religion, race, or gender.

This does not mean, however, that every crime committed against a person who belongs to a protected group is a hate crime. The crime must be committed because of the victim’s membership in that group. For example, if a Muslim man is beaten up and the attackers take his wallet, it may appear to be a hate crime at first glance. But if there is no evidence that the attackers had any knowledge of the victim’s religion, the robbery would not be a hate crime. As such, proving that a crime is a hate crime can be difficult.

To convict someone of a hate crime, the prosecution must prove that the crime was motivated by the victim’s race, religion, or membership in another protected class or group. To do so, the prosecution will look for evidence of the defendant’s use of racial or other slurs, or other biased or derogatory comments. These may be provided by witnesses, or through the gathering of text messages, emails, or social media posts. If convicted, federal hate crime legislation punishes violent hate crimes with 10 years to life imprisonment. A MA criminal defense attorney can help you protect your rights if you’ve been charged with a hate crime. Continue reading

September 1, 2017

Charged with Illegal Possession of a Firearm in MA? What you Need to Know

by Altman & Altman

There are few things as controversial as the debate about the right to own a firearm in this country. Gun ownership is a constitutional right, but many people are prohibited from owning one. This is especially true in Massachusetts. Although the Second Amendment guarantees the right to bear arms to every citizen, regulations surrounding use and ownership are left to the state. In MA, firearm use and ownership is highly regulated and laws are strictly enforced.

Proper enforcement of gun laws is important given the dangers of misuse. But mistakes and misunderstandings happen. If you were charged with illegal possession of a firearm, a skilled Boston defense attorney can help you protect your rights. In MA, you may be facing illegal possession charges if:

You are found in possession of a firearm without the required license.
You are found in possession of an illegal firearm, such as a machine gun or sawed-off shotgun.

In the first scenario above, a mandatory minimum sentence of 18 months in prison may follow. Possession of a sawed-off shotgun or machine gun, however, carries even stiffer penalties. For this crime, you could be facing life in prison. MA’s gun laws are among the harshest in the country. A MA criminal defense attorney can help you determine how to proceed if you’ve been charged with illegal possession of a firearm.

Other Types of Possession Charges

In some cases, a person can commit a gun crime even if he is licensed to own the gun and the gun meets state regulations. Some of these situations include:

Possession of a Firearm During the Commission of a Felony Offense: If you are found in possession of a firearm while committing a felony, you can be charged for more than the underlying crime. For example, if you are arrested for a fourth-offense OUI with your gun in the car, you will likely be charged with a felony OUI offense and a firearm violation, even if you are normally allowed to carry the gun. The penalties if convicted of this crime are serious – a mandatory minimum of five years in prison. And this is above and beyond the penalties for the underlying crime.
Carrying a Loaded Firearm While Intoxicated or Under the Influence of Drugs: If you are carrying a gun while drunk or drugged, you may be looking at up to two-and-a-half years behind bars and a $5,000 fine.

If you are facing illegal possession charges, you might think there’s no hope. But a knowledgeable lawyer can be of immense benefit to the outcome of your case. For starters, he or she will analyze whether your rights were violated during the arrest. If they were, some of the evidence used against you might have to be thrown out. For example, if the gun was seized from your home or vehicle during an “unreasonable search,” that evidence cannot be used to prosecute you.

In other cases, you may have been unaware that you possessed the weapon at the time of the arrest. For example, if you are found in a vehicle with a gun in the glove compartment, but you were unaware of its presence, a knowledgeable attorney may be able to get the case dismissed. Continue reading

August 31, 2017

Been Charged With Criminal Harassment in MA? Here’s What You Need to Know.

by Altman & Altman

The term harassment can be used to define many types of criminal behavior, including stalking and infliction of emotional distress. There is also civil harassment, which is often referred to in workplace contexts. For example, when a female worker is fired because she didn’t respond to her male superior’s requests for a date, this may be a form of workplace sexual harassment. Although this type of civil harassment is unlawful, it is not punished as a criminal act. The male superior might lose his job, but he isn’t likely to go to jail.

In MA, you may be convicted of criminal harassment if the prosecution can show that you willfully and maliciously engaged in conduct that would cause emotional distress in a reasonable person. Typically, the defendant and the victim know each other. In many cases, harassment follows the end of a romantic relationship. Maybe the person who broke it off no longer wanted to be contacted, but the other person wasn’t ready to let go. Regardless of the reason, it’s a criminal offense to purposely cause another person to feel emotional distress.The penalty for criminal harassment is up to two-and-a-half years in jail and a fine of up to $1,000.

The Four Elements of Criminal Harassment

August 31, 2017

Dealing With Domestic Abuse Charges in MA

by Altman & Altman

People make mistakes, and couples fight. When that fighting becomes physical, criminal charges may follow. But what if you were both drinking and things just got a little out of control; she pushed you and you pushed her back. Nobody got hurt, but in her intoxicated state, she called the police. When the officers arrived, she exaggerated the situation, saying you pushed her into the wall and her head has been throbbing ever since. You are arrested and charged with domestic abuse. In the light of day, she regrets what she did…but it’s too late. Or is it?

Record

Create a written record of the night’s events. If police ignored your claims during the arrest, they may not have written an accurate report. With time, even your memory about the situation will begin to fade. Write down what happened as soon as you can. A MA defense attorney can help you protect your rights, reputation and freedom if you’ve been charged with domestic abuse.

Witnesses

If anyone witnessed the incident, or has witnessed past incidents that could corroborate your story – see if they are willing to provide a sworn written statement, or an audio or video recording. Also, if anyone will testify that the alleged victim was drunk the night of the incident, this information can help you challenge his or her credibility.

Text Messages

In today’s world, text messages are an extremely useful piece of evidence in criminal cases. A string of belligerent text messages from the night of the incident can provide unparalleled insight into a person’s thoughts and feelings at a specific moment in time. Social media and email can be just as useful.

Dress to Impress

Conservative, business attire should be worn at all meetings, court hearings, and in any court setting. Tattoos and facial piercings should be covered if possible. Fair or not, it is human nature to judge a book by its cover. When it comes to criminal cases, you want to be judged in the most favorable light possible.

Consult with an Experienced Attorney

Domestic abuse cases are not something you want to attempt to handle on your own. A skilled Boston defense attorney can help you determine how to proceed if you are facing domestic abuse charges. Your attorney will know what questions to ask to position you for the best possible outcome. For example, if the alleged victim lied about the abuse, what motivations did he or she have to lie? Is there any unexplored evidence? What might negatively impact the alleged victim’s credibility?

Affidavit of Non-Prosecution

If the alleged victim lied – and felt badly about it soon after – he or she may decide to drop charges. But alas, in the state of MA, the accuser cannot just drop charges. Once a report is made, remorse isn’t enough to stop the freight train that will follow. If the alleged victim signs an Affidavit of Non-Prosecution, however, a dismissal may be easier to achieve. An Affidavit of Non-Prosecution is a sworn statement from the alleged victim, requesting to stop prosecution. Continue reading

August 24, 2017

Reduction in Drug Crime Penalties in Oregon May be “Bellwether” Legislation for National Reform

by Altman & Altman

In 2015, Oregon legalized recreational marijuana. To date, seven states and the District of Colombia have adopted full legalization, and 26 states have legalized marijuana in some form. But what about more serious drugs like crystal meth and cocaine? There are no plans to legalize narcotics in the near future, but reduced penalties are on the horizon.

Drugs, Amounts, and Penalties

A new law in Oregon will reduce first-time possession of certain drugs from a felony to a misdemeanor. As with most criminal offenses, penalties will be largely dependent on prior history and the particulars of the case. For example, individuals with prior felony convictions and those who are found in possession of commercial quantities of a drug are not likely to receive the benefits of this new legislation. Specific drugs and amounts covered by this statute are as follows:

August 3, 2017

Boating Under the Influence in MA

by Altman & Altman

In MA, as in all states, operating a motor vehicle while intoxicated is illegal. When it comes to land vehicles, passengers are also prohibited from consuming alcohol while in the vehicle. But what about boats? Can boat passengers imbibe? The answer is yes. Passengers can drink alcohol on a boat, but the operator cannot. And as with cars and trucks, a blood alcohol concentration (BAC) of 0.08 or higher is above the legal limit.

Consequences of BUI

Although boat passengers can drink alcohol on the boat, they cannot become intoxicated. In fact, it is illegal for both the vessel owner and operator to allow anyone on board to become intoxicated while boating. If your boat is stopped by the Coast Guard or Harbor Patrol, you may face the following consequences if you are boating under the influence (BUI):

Coast Guard or Harbor Patrol may ask you to submit to a breath test and field sobriety test. You can refuse both, but if you refuse the breath test, you will likely face the consequences of refusal.
A refusal may result in an automatic 120-day driver’s license suspension. There are no boat licenses in MA.
A refusal may also result in a 120-day revocation of your boat registration.
If you are convicted of BUI, you may face jail time and fines in addition to the penalties above. BUI sentences are similar to OUI sentences.
A first offense BUI may result in up to two-and-a-half years in jail and fines of up to $1,000. If you have a prior criminal history or past BUI or OUI convictions, you may face more severe penalties.

As stated by the U.S. Coast Guard, “a boat operator with a blood alcohol concentration above .10 percent is estimated to be more than 10 times as likely to die in a boating accident than an operator with zero blood alcohol concentration.” As such, the Commonwealth is tough on boating under the influence. A Boston BUI defense attorney can help you determine how to proceed if you’ve been charged with BUI.

If convicted of BUI, the offense will go on your criminal record, you may face jail time and hefty fines, and you may be civilly liable for any resulting injuries or property damages. The best advice is to avoid drinking any alcohol if you are operating a boat in MA. But if you’ve made a mistake, a MA BUI defense attorney can help you protect your rights.

Serious Bodily Injury or Death

If your BUI offense caused the serious injury or death of another, you will likely face much stiffer penalties.

Serious bodily injury: Up to two-and-a-half years in jail and fines of at least $3,000. If reckless or negligent operation was also a factor, the offender may face up to 10 years in jail and fines of up to $5,000.
Death: If negligent or reckless operation was a factor, the offender may face up to 15 years in jail and fines of up to $5,000.

August 1, 2017

Can I Get Convicted of OUI in MA if My Blood Alcohol Concentration is Less than 0.08 Percent?

by Altman & Altman

In short, yes. In MA, a blood alcohol concentration (BAC) of 0.08 percent or higher is above the legal limit. However, there are certain circumstances under which you can be charged with OUI with a lesser BAC. Some of these scenarios are listed below.

Zero Tolerance Laws

In Massachusetts – and across the nation – “zero tolerance” laws prohibit underage drivers from having any alcohol in their system. For this reason, even negligible traces of alcohol can result in a OUI conviction if you are under the age of 21. Zero tolerance laws may also come into play when of-age adults are driving drunk with children in the vehicle.

Obvious Impairment

Alcohol isn’t the only substance that can impair your ability to drive safely. Prescription, over the counter, and illicit drugs can be just as dangerous. If you washed down a prescription pain killer with a glass of wine, you may be visibly impaired even though your BAC is under 0.08.

The Passing of Time

If you are stopped on suspicion of OUI, a breath test may not be administered for several minutes or more. If, for example, 20 minutes pass before you submit to the breathalyzer, and the test registers a BAC of 0.07, it could be argued that your BAC had been 0.08 while driving and simply dropped due to the passage of time.

Commercial License (CDL)

If you have a CDL, your legal limit is significantly lower. A BAC of 0.04 percent or higher will result in a OUI charge, even if you weren’t driving a commercial vehicle at the time of the offense. If, however, you were in a commercial vehicle, you will likely face an additional one-year CDL suspension. Further, if you receive a second OUI conviction, your MA CDL will be permanently revoked.

Penalties for OUI Conviction in MA

Keep in mind that MA is tough on OUI charges; juries are rarely sympathetic to those charged with this particular offense. Having a skilled Boston OUI defense attorney is crucial to a favorable outcome. If you are convicted of OUI, you may face the following penalties:

First offense: 30 days to a max of 30 months in jail, fines of up to $5,000, and license suspension of up to one year.
Second offense: 30 days to a max of 30 months in jail, fines of up to $10,000, license suspension of up to two years, installation of ignition interlock device (IID).
Third offense: 150 days to up to five years in jail, fines of up to $15,000, license suspension of up to eight years, installation of IID.
Fourth offense: One year to up to five years in jail, fines of up to $25,000, license suspension of up to 10 years, installation of IID.
Fifth offense: Two years to up to five years in jail, fines of up to $50,000, permanent license revocation.

Third and subsequent OUI convictions are considered felony offenses. A MA OUI defense attorney can help you determine how to proceed if you’ve been charged with OUI. Continue reading

July 28, 2017

Truck Driver Charged in Human Trafficking Tragedy

by Altman & Altman

A truck driver is being charged with human trafficking after eight people were found dead in a tractor trailer last week. The rig, which was parked at a Walmart in San Antonio, was being used to illegally transport immigrants. In addition to the eight victims, nearly 40 more passengers needed emergency medical treatment; two more died in the hospital. Human trafficking is a serious crime, and due to the severity of this particular tragedy, the truck driver may face the death penalty.

The victims died due to heat-related injuries after spending about 12 hours in the back of an unventilated trailer. The criminal complaint against the driver, 60-year-old James Bradley, stated that, ”During the first hour of transportation, everyone seemed to be OK. Later, people started having trouble breathing and some started to pass out. People began hitting the trailer walls and making noise to get the driver’s attention. The driver never stopped.”

According to reports, the immigrants were informed that the trailer they were traveling in would be refrigerated. One of the survivors told agents that when they got inside in Laredo, Mexico the trailer was already quite hot. There was a hole in the wall of the trailer, and the passengers took turns breathing through it to prevent succumbing to the lack of air and passing out. Bradley alleges that he was unaware of the truck’s contents; he had no idea that he was driving human cargo. However, he does admit his knowledge of the broken refrigeration and ventilation systems.

Bradley claims to have stopped at Walmart for a bathroom break when he heard “banging and shaking in the trailer.” He opened the door and discovered “bodies just lying on the floor like meat.” Bradley went on to say that approximately 30-40 able-bodied survivors ran from the empty parking lot. However, at least one of the immigrants said that there were about 70 more passengers in the trailer, and that they left in six black SUVs that were in the parking lot when they were freed.

What is Human Trafficking?

Any act involving the smuggling of humans – usually across international borders – can be considered human trafficking. In the worst cases, it is a form of modern-day slavery, using coercion, manipulation, lies, and physical force to make vulnerable people perform labor or sex acts. Millions of people – women and children included – are trafficked every year. It’s one of the most profitable international crimes, second only to the illegal drug trade. Traffickers look for individuals who are especially vulnerable due to political instability, lack of a social network, and poverty. However, human trafficking doesn’t always have to involve forced labor or sexual exploitation. As in the San Antonio tragedy, the act of smuggling people into the United States is itself a form of human trafficking. Whether or not these individuals were facing forced labor or sexual exploitation is unknown. Continue reading