A Boston Criminal Lawyer

Boston Criminal Defense Lawyer Advocating Vigorously on Your Behalf

Patrick J. Murphy is a dedicated criminal defense attorney who gains genuine satisfaction from defending people accused of committing a wide range of crimes. He has devoted his career to advocating for Massachusetts residents in their times of need, and he provides caring, professional, and experienced guidance to each client. He is skilled at analyzing evidence and cross-examining witnesses, including police officers and experts. Patrick Murphy also understands how to negotiate with the prosecution and knows when it makes sense to take a case to trial. If you have been accused of a motor vehicle offense, a drug crime, assault, domestic violence, theft, or any other felony or misdemeanor, contact the Law Office of Patrick J. Murphy. He can also assist you with criminal procedures like having your record sealed or a warrant removed.

OUI and Other Motor Vehicle Offenses

Operating under the influence (OUI) is a charge that can result in serious penalties. For example, for a first offense conviction, you may face up to two and a half years in jail, a $5,000 fine, and a five-year license suspension. The penalties are harsher for subsequent convictions. Generally, however, police officers cannot stop you while you are driving unless they have a reasonable suspicion that a crime has been committed or is being committed. They cannot arrest you without probable cause. In some cases, a criminal defense attorney in the Boston area can help a driver mount a strong defense by challenging the reasons for the stop or the basis for the arrest.

Motor vehicle offenses, including OUI, can be more serious than they initially appear. In some cases, a defendant may even face jail time. Melanie’s Law is a Massachusetts law from the early 2000s that established new, harsher criminal penalties for certain OUI offenses, including when the OUI causes a death or serious bodily injury, when the driver is operating the vehicle on a suspended license, and when there is a child under 14 years old in the car.

Assault and Battery

Assault and battery occurs when someone intentionally and unjustifiably uses force on someone else. Alternatively, it occurs when somebody intentionally commits a grossly negligent or wanton act that causes an injury to a victim. If you are convicted of assault and battery, you can be punished by up to two years in a house of correction and by a fine of $1,000. However, each case is different, and it is important to retain an experienced lawyer to defend you. Defenses that may be available include self-defense or defense of others, assuming that the force that you used was reasonable and proportionate. In other cases, it may be possible to raise procedural or constitutional errors.

Domestic Violence

Assault and battery on a family or household member is considered domestic violence. In 2014, the penalties for domestic violence became more severe than those for other forms of assault and battery. In most cases, if you are convicted of assault and battery against a family member, you will be referred to an expensive, time-consuming batterer’s intervention program. If you receive a second or subsequent charge of domestic violence, you can be convicted of a felony and sentenced to up to five years in state prison. The Commonwealth can ask that you be held without bail for up to 120 days at a dangerousness hearing. It is crucial to be represented by an experienced Boston criminal defense attorney if you have been arrested for domestic violence. There may also be consequences in related family law proceedings, such as child custody, so it is important to hire an attorney who understands the complexities of the situation and everything that may be at stake.

Drug Crimes

Drug crimes are common in Massachusetts. They can involve possession, possession for sale, trafficking, and manufacturing of controlled substances, such as heroin, marijuana, or prescription pills. Massachusetts imposes mandatory minimum sentences for drug crimes, depending on the quantity involved. Mandatory minimum sentences are those to which a judge must adhere, even if they believe them to be too harsh. However, under certain limited circumstances, based on the seriousness of the crime, a judge may be able to depart from the mandatory minimum sentence. Many defenses in drug cases involve search and seizure rules provided by the Fourth Amendment of the U.S. Constitution. Generally, evidence will not be admitted if law enforcement seized it outside the scope of the constitutional protections for defendants. The prosecution probably will struggle to prove its case beyond a reasonable doubt if they do not have access to the drugs or other tangible evidence involved.