What Should You Do If You Are Charged With a Felony in Massachusetts for the First Time?
Being arrested and facing the potential consequences of a criminal charge can be stressful and frightening for anyone. Whether you are charged with assault and battery or any other serious criminal offense, it can be especially scary if this is your first time facing felony charges.
One way to reduce some of the fear associated with the situation is to remove as much of the unknown as possible. Learning about your situation and your options for a defense can help, which is one reason it’s essential to speak to an experienced criminal defense attorney as soon as possible after learning about any charges against you.
Understanding What a Felony Is
The definition of a felony in Massachusetts is any crime that carries a consequence of time in state prison if you are convicted. Note that this definition is specific to the state; federal laws and other states may classify felonies differently. Any crime defined by Massachusetts state law that doesn’t carry a potential penalty of time in a state prison is a misdemeanor.
Some examples of felonies in Massachusetts include arson, murder, armed burglary, and failing to pay child support that has been order by the court. Examples of misdemeanors in the state include drunk driving (the first and second offenses), assault and battery and disorderly conduct.
What Penalities Might You Face?
The penalties you might face if convicted of a first-time felony in Massachusetts depend on the specific charges. However, time in a state prison is possible when dealing with any felony conviction. The amount of prison time you may be facing can range from months to years to life in prison, depending on the facts of the case.
Certain felonies come with mandatory minimum sentencing. That means that if you are convicted, the judge must impose at least the minimum sentence regardless of other factors, such as whether it’s your first felony conviction or mitigating circumstances are present. In other cases, judges may have more discretion.
Learning About Your Options for Defense
In any case, it’s crucial to understand what you may face if you are convicted and what your defense options are. An experienced criminal defense attorney can provide guidance about both.
Fighting the Charges
Typically, the best outcome involves being found innocent or having the charges dropped before you go to trial. Your defense attorney can help you understand how likely these outcomes may be and what strategies might promote them. Some options for fighting charges include:
- Presenting an alibi. If you can create a compelling narrative that demonstrates you couldn’t have committed a crime, you may have a strong defense. An example is proving that you were in another location when a crime was committed.
- Challenging the evidence. Your attorney may be able to show that evidence is not valid or that it creates more questions than it answers. When evidence is called into question, it can help cast doubt on claims that you committed a crime.
- Showing you were also a victim. If you demonstrate that you were acting out of fear for your life or the lives of others, it may help you avoid conviction.
Seeking Leniency From the Court
If you are convicted or your attorney believes there is a high chance that you will be found guilty if you go to trial, leniency in sentencing may become a critical concern. While certain felony charges come with mandatory minimum sentences, judges have some say in actual sentencing in most cases.
Talk to your attorney about your options for mitigating consequences as much as possible should you be convicted. The fact that it’s a first felony conviction may help with this, as a lack of criminal history can allow your lawyer to make a case for leniency with the court. Depending on the charges against you, this could mean the difference between one year and five years in prison. In many cases, attorneys may be able to make a case for no time in prison if mandatory minimum sentencing is not involved.
Why It’s Important to Work With an Experienced Criminal Law Team
Working with an experienced criminal law team gives you peace of mind in the knowledge that someone is fighting for your rights and defense. Lawyers can also provide guidance about the criminal defense process, ensuring you know what to expect at each stage. When you have a better idea of the purpose and goal of hearings and other processes, you can present a more confident, appropriate demeanor, potentially increasing your chances of a more positive outcome.
Your criminal defense team can also work on your behalf by negotiating with prosecutors, gathering and reviewing evidence, and creating a case for your innocence. If you are convicted, criminal defense lawyers continue to support you through sentencing hearings and appeals.
Reach Out to Contant Law Today
If you or someone you love is facing a felony charge in Massachusetts for the first time, know that you don’t have to face this trying time alone. The criminal defense attorneys at Contant Law can help. We work hard to develop a strategy for your defense. Call us at 617-221-8221.