Unfortunately, a misunderstanding of the circumstances of a domestic dispute can significantly affect the potential jail time and the consequences of a conviction. For example, let’s say you were staying at a friend’s house after your partner took out a restraining order against you, but you ran out of clean clothes and money for groceries.
You returned home to pick up some laundry and cash, but your partner unexpectedly came home and called the police—and you accidentally struck your partner with the door while trying to leave. Suddenly, you’re arrested for felony assault—as well as theft and violation of a protection order.
Stories like these are all too common. Prosecutors may attempt to tack on any additional offenses that may “stick” to a misdemeanor domestic assault charge, overcharging defendants to elevate their case to a felony. It will take the aid of an experienced Massachusetts criminal defense lawyer to reduce the charges against you and get the best possible resolution to your case.
The Difference Between Felony and Misdemeanor Charges in Massachusetts
In Massachusetts, felony and misdemeanor are two different levels of crime. A misdemeanor is a less serious crime, like shoplifting or driving without a license, and usually leads to a punishment of up to 2.5 years in jail. A felony is a more serious crime, such as armed robbery or selling drugs, and can result in a punishment of more than 2.5 years in state prison.
Another big difference is that if you’re convicted of a felony, you lose certain rights like voting while in prison or owning a gun, however, the right to own a firearm usually isn’t affected by a misdemeanor conviction.
Misdemeanor sex crimes in Massachusetts include indecent exposure and a first offense of open and gross lewdness. These crimes typically result in up to 2.5 years in a house of correction, fines, and mandatory registration as a sex offender. Even as misdemeanors, these convictions can have serious long-term consequences including restrictions on employment and housing.
Felony sex crimes in Massachusetts are considered more serious offenses and include indecent assault and battery, rape, statutory rape, and subsequent offenses of open and gross lewdness. These crimes carry state prison sentences ranging from 5 years to life imprisonment. All felony sex crime convictions require lifetime sex offender registration, GPS monitoring, mandatory counseling programs, and strict supervision conditions upon release. They also result in permanent restrictions on working with vulnerable populations and living in certain areas.
How a Criminal Defense Lawyer Will Help Your Case
Anyone arrested and charged with a serious crime in Massachusetts should seek legal representation immediately because these charges are serious and can permanently impact your life, even if it’s a misdemeanor. A criminal defense attorney knows how to examine the evidence, challenge police procedures, interview witnesses, file important legal motions, and protect your constitutional rights
Without a criminal defense lawyer, you might miss crucial opportunities to defend yourself or accidentally say something that hurts your case. Depending upon the crime, for example, a sex crime could involve complex legal and scientific evidence that requires expert knowledge to understand and challenge. Even a misdemeanor conviction can result in jail time, heavy fines, and sex offender registration requirements that affect where you can live and work for the rest of your life, so having an experienced attorney fighting to protect your rights and freedom is essential.
Schedule a Free Consultation Today
If you’ve been arrested for assault and battery, domestic violence, a sex crime, or drug possession, contact a skilled criminal defense attorney in Barnstable as soon as possible. You can submit an online form or call our office to schedule your free consultation 24/7. We proudly represent clients throughout the Massachusetts South Shore and Cape Cod in Barnstable, Plymouth, Nantucket, and more.
