Criminal Defense
At the Law Office of Patrick J. Murphy, we provide aggressive, knowledgeable representation to people who have been accused of a wide range of crimes. Our principal, Boston criminal defense lawyer Patrick Murphy, has advocated for the rights of individuals facing charges for 27 years. A criminal record can haunt you far into the future and carry substantial penalties. In most cases, later offenses are punished much more severely than first offenses, making it crucial to obtain the strongest possible defense the first time you are accused. Among the charges that we can defend are OUI and motor vehicle offenses, assault and violent crimes, theft offenses, drug crimes, crimes against property, and sex offenses. We also can help fight charges of stalking or harassment, firearms offenses, violations of restraining orders, student crimes, and public order offenses.
OUI and Motor Vehicle OffensesOperating under the influence of alcohol (OUI) is also called driving under the influence (DUI), and it can result in serious penalties. If you are convicted of a first offense, you may face a maximum of two and a half years in jail, a $5,000 fine, and a five-year license suspension. However, your attorney may be able to negotiate for a reduced sentence if you agree to complete an alcohol education program.
Police officers must establish a reasonable suspicion for stopping a driver and probable cause for an arrest. Probable cause is usually shown by conducting field sobriety tests. Often, chemical tests are given after arrest, including breath, blood, and urine tests. These may be discredited if the machine is not properly calibrated or the suspect vomits. The state must prove all elements of an OUI charge beyond a reasonable doubt. If there may be errors in how an officer performed a test or a lab interpreted it, these can be used to challenge the OUI charge.
AssaultAssault is considered a crime in which someone uses or threatens unwanted force against someone else. It may be charged as a misdemeanor when it involves attempted battery or an intent to put someone else in apprehension of immediate battery under M.G.L. Ch. 265, s. 1A. However, assault and battery may be charged as a felony if the defendant touches the victim without an excuse, the defendant intended to touch the victim, the contact was without consent or was likely to cause serious bodily injury, and the contact actually caused serious bodily injury.
There may be multiple defenses available to an assault charge. One of the most common ways that a defense attorney may attack the charges is by showing that there is reasonable doubt about one of the elements of the crime. Other defenses often include invoking the rights of self-defense or the use of force to protect someone else. In some cases, there are procedural and constitutional errors that may be used to suppress evidence, such as a police failure to respect the Miranda rights of the victim.
Theft OffensesA frequently charged theft crime is larceny, which involves the stealing of someone else's property with the intent to deprive that person or entity of its possession permanently. There are two types of larceny: petit larceny and grand larceny. These are distinguished by the value of the property. Sometimes an attorney may defend against a grand larceny charge by getting it reduced to a petit larceny charge. In many situations, it is useful to attack the element of intent. If there was no intent to deprive the alleged victim of possession permanently, you cannot be convicted of larceny.
Drug ChargesIn drug cases, the Commonwealth must prove beyond a reasonable doubt that the defendant knowingly and intentionally possessed a controlled substance. When the specific charge exceeds possession (such as manufacturing, distribution, or trafficking), there are additional elements that must be established. M.G.L. c. 94C states the controlled substances that are prohibited in Massachusetts. Sometimes a helpful defense in a drug crime case is based on the Fourth Amendment right to be free from searches and seizures. If the drugs were unlawfully seized, the evidence may be suppressed, thereby severely undermining the prosecution's case.
Crimes Against PropertyProperty crime convictions may result in jail time, heavy fines, suspension of a driver's license, and restitution. In a breaking and entering case, for example, the prosecution is required to prove beyond a reasonable doubt that the defendant broke into a building, vessel, or vehicle that belonged to someone else, the defendant entered that space, the defendant had the intent to commit a felony, and the breaking and entering took place at night. In a breaking and entering case, your lawyer may be able to defend by showing that you did not have the requisite intent to commit a felony, among other strategies.
Sex OffensesGenerally in Massachusetts, you may be charged with a sex crime for engaging in any sexual act that is prohibited by law, including attempted rape, rape, sexual assault, and sex with minors. Each type of charge has its own elements that must be proven beyond a reasonable doubt. For example, to prove assault with intent to commit rape, the Commonwealth must prove that the defendant assaulted the victim and that the defendant intended to commit rape.
A sex crimes conviction may have substantial legal and social consequences. It is crucial to obtain knowledgeable legal representation as soon as possible. If you are convicted, you will be required to register as a sex offender with the Sex Offender Registry Board (SORB). As with other intent crimes, sexual assault with intent to rape can potentially be defended by showing there was a lack of intent. The reliability of the accuser’s story also may be challenged by careful cross-examination.
Consult an Experienced Criminal Defense Lawyer in BostonPeople who are charged with a crime should not hesitate to contact a Boston criminal defense attorney. Patrick J. Murphy is ready to assist you if you need a DUI lawyer, assistance with fighting allegations of drug crimes or theft offenses, or legal representation regarding sex crimes, assault, or property offenses, among other charges. We can assist defendants in many areas of Massachusetts, including Suffolk County, Wrentham District Court, and Woburn District Court. Call us at (617) 367-0450 or contact us online to set up a free consultation.
- How an Experienced Lawyer Can Help You Fight OUI/DUI/DWI Charges
- OUI Penalties: First Offense
- Second Offense OUI
- Third Offense OUI
- Fourth Offense OUI
- Fifth Offense OUI
- OUI: Breath Test Defenses
- OUI: Minors/Persons Under 21
- OUI/DUI/DWI
- OUI: Field Sobriety Tests and Defenses
- Marijuana & OUI: Driving While High in Massachusetts
- Breath Test Refusals
- Continuance Without a Finding
- DUI Accident
- Clerk Magistrate Hearings
- Assault Crimes / Violence
- Affray
- Assault
- Assault with a Dangerous Weapon
- Assault & Crimes of Violence at MGM Springfield and Boston Encore Harbor
- Assault and Battery
- Assault and Battery by Means of a Dangerous Weapon
- Assault and Battery Causing Serious Injury
- Assault and Battery on a Person Protected by an Abuse Prevention Order
- Assault and Battery on a Police Officer or Public Employee
- Assault and Battery on a Child under 14 Causing Bodily Injury
- Assault and Battery on a Pregnant Woman
- Assault & Battery on a Person with an Intellectual Disability
- Armed Robbery
- Unarmed Robbery
- Carjacking
- Armed Assault in a Dwelling House
- Assault with Intent to Murder/Kill
- Armed Assault with Intent to Rob or Murder
- Custodial Interference by Relative
- Indecent Assault and Battery
- Indecent Assault and Battery on a Child Under 14
- Indecent Assault and Battery on a Person with an Intellectual Disability
- Enticing a Child under 16
- Reckless Endangerment of a Child under 18
- Abuse-Related Offenses
- Theft Crimes
- White Collar Crimes
- Motor Vehicle Offenses
- Attaching Wrong Plates to Conceal Identity
- Complaint Medical
- Defending a Negligent Operation of a Motor Vehicle Case
- False Statement in License Application
- Homicide by a Motor Vehicle
- Leaving the Scene of an Accident
- Negligent Operation of a Motor Vehicle: Clerk Magistrate Hearing
- Operating a Motor Vehicle Recklessly or Negligently So As to Endanger
- Operating After Suspension or Revocation of License
- Operating an Uninsured Motor Vehicle
- Operating Without Being Licensed
- Refusal to Obey Police Officer
- Road Racing & Drag Racing
- Use of a Vehicle Without Authority
- Gun Charges and Weapons Offenses
- Hate Crimes
- Drug Crimes
- Possession of Drugs or Drug Paraphernalia
- Possession with Intent to Distribute Drugs
- Distribution of Drugs
- Drug Trafficking
- School Zone/Public Park Drug Violation
- Conspiracy to Violate Drug Laws
- Drug Crimes Involving Minors
- Defenses to Drug Crimes
- Motion to Suppress Illegally Obtained Drugs
- Federal Drug Crimes
- Drug OUI
- Property Crimes
- Arson
- Breaking and Entering
- Burning Insured Property
- Burning Personal Property
- Forgery
- Possession of Burglarious Tools or Implements
- Motor Vehicle Property Crimes
- Trespass
- Uttering
- Wilful and Malicious Destruction of Property
- Wilful or Wanton Destruction of House of Worship, Cemetery or School
- Wanton Destruction of Property
- Student Crimes
- Pretrial Diversion in Massachusetts
- Public Order Offenses
- Restraining Orders/Harassment
- Sex Crimes
- Assault with Intent to Commit Rape
- Failure to Register, Verify Information or Provide Notice of Change of Address
- Possession/Dissemination of Child Pornography and Posing/Exhibiting a Child
- Rape and Aggravated Rape
- Statutory Rape
- Forcible Rape of a Child Under Sixteen
- Prostitution, Pimping and Soliciting
- Sex Offender Registration Laws
- Defenses to Crimes
- Converting Misdemeanors to Civil Infractions
- Marital Privilege / Spousal Privilege
- Fifth Amendment Privilege Against Self-Incrimination
- Registry of Motor Vehicle “RMV” Hearings
- Casino and Gambling Crimes
- The Pitfalls of Plea Negotiations Without a Lawyer
- Pre-Arraignment: What to Expect if You’ve Been Charged With a Crime in Massachusetts
- Post-Arraignment: What to Expect if You’ve Been Charged With a Crime in Massachusetts
- Bail Hearings
- Domestic Violence Offenses
- Uber and Lyft Drivers