Massachusetts Criminal Lawyer
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Criminal law, also known as penal law, governs an individual who has been charged with a criminal offense and his relationship to the state. Criminal law sets forth the regulations and punishments appropriate to the charged criminal offense. The rights of an accused in any criminal defense process are defined within the statutes of the state criminal laws, and an experienced Massachusetts criminal lawyer attorney is well versed in the criminal defense process applicable in the state. This covers all aspects of the criminal legal system, including arrest of the suspect, the arraignment process, the criminal proceedings, trial motions and pleas.
A 'crime' is any act, or omission of an act, in violation of a public law forbidding or commanding it. Most crimes in the United States are established by local, state, and federal governments. Criminal laws vary significantly from state to state, but are classified into felonies and misdemeanors. Each of these is also further classified according to severity and punishment, which allows the state's legislation to issue maximum punishments for each class of crime, rather than for each possible crime.
Felonies, which are the most serious type of crime, include rape, arson, aggravated assault, murder, espionage, treason, and white-collar crimes such as embezzlement and fraud. Felonies are generally understood to be punishable by no less than one year in a federal or state prison, and may carry other sentences in addition to incarceration, such as fines, probation or parole, community service or mandatory completion of a treatment or educational program.
Misdemeanors are less serious. Some common misdemeanors are vandalism, trespassing, disorderly conduct, driving while intoxicated, solicitation, and petty theft. Most first- and even second-time offenders who are convicted of a misdemeanor will not face jail time, but some misdemeanors and some misdemeanants may face incarceration of less than one year in a county or local jail. Typical punishment for those convicted of misdemeanors is a fine or assignment to community service or probation.
Whether you have been arrested on misdemeanor or felony charges, a criminal attorney can still help you at every step of the process, from arrest and arraignment to jury trial and sentencing. A criminal attorney will take a look at all the facts of your case and determine the best route to take, whether that is a plea deal, a bench trial or a jury trial. In a plea deal, you may be able to reduce your charges or your sentence, upon completion of some program or probationary period, or in exchange for pleading guilty and saving the expense and trouble of a trial.
A qualified criminal lawyer will experienced in filing for guilty pleas for lesser charges and bail security options. An experienced lawyer will consider several factors when recommending a plea bargain to the defendant. These include the strength of the evidence that is available to the prosecutor, and the possible penalties that the accused will face if the case in the event of a trial and a conviction.
A skilled criminal attorney will be able to gather evidence, interview witnesses, and evaluate legal precedent and other aspects of the defense. The presentation of a good defense will also depend on the pretrial hearings as well as the jury selection.
A person accused with a crime, irrespective of its severity, will need to be proved guilty beyond a reasonable doubt by the state prosecutor. A good defense attorney, who is knowledgeable in the state criminal law, will help the accused present a quality defense to ensure that there is a fair outcome in a trial. A trained criminal defense attorney will also help in any possible post trial remedies or pleas to an appellate court in the event of a conviction and depending on the sentence.
If you've been accused of a crime, contact a qualified Massachusetts criminal defense attorney today in order to put your case on the best possible track. Access is free on the American Bar Association (ABA) website, and can help you in your quest for the professional help you need. Leave it to a professional when it comes to proving your innocence your future may depend on it.
Legal•Info State Criminal Law Information
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