--- title: "Massachusetts Criminal Defense Lawyer" description: "If you are searching for a Massachusetts criminal defense lawyer, you are likely staring down an arrest, a summons, or the sinking feeling that police are close to charging you. Bank & Munns..." url: https://bankandmunns.com/massachusetts-criminal-defense-lawyer/ date: 2026-04-25 modified: 2026-04-25 author: "Bank and Munns" type: page lang: en --- # Massachusetts Criminal Defense Lawyer If you are searching for a **Massachusetts criminal defense lawyer**, you are likely staring down an arrest, a summons, or the sinking feeling that police are close to charging you. Bank & Munns defends people facing criminal charges across Massachusetts with the same aggressive defense that earned our firm more than 1,300 five-star reviews. A skilled **Massachusetts criminal defense lawyer** can challenge the stop, suppress illegally obtained evidence, negotiate a continuance without a finding (CWOF), and fight every element the Commonwealth must prove beyond a reasonable doubt. **Charged in Rhode Island? Call Bank & Munns now.** [401-573-2265](tel:4015732265) | (https://bankandmunns.com/contact-us/) > Charged with a crime anywhere in Massachusetts, from Boston Municipal Court to Worcester Superior Court? Call Bank & Munns before you say another word to police. Early intervention changes outcomes. ## Overview: How a Massachusetts Criminal Defense Lawyer Protects You !(https://bankandmunns.com/wp-content/uploads/2026/04/Massachusetts-Criminal-Defense-Lawyer-Bank-Munns-600x339.jpg) Massachusetts criminal law is governed primarily by the Massachusetts General Laws, with most crimes codified in M.G.L. c. 265 (crimes against the person), c. 266 (crimes against property), c. 269 (public peace), c. 90 (motor vehicle offenses), and c. 94C (controlled substances). The Commonwealth prosecutes cases through District Attorneys in each of the eleven DA districts. A good defense lawyer understands not just the statute you are charged under, but the local courthouse, the individual prosecutors, the judges, and the probation department that will influence your sentence. At Bank & Munns we treat every case as a two-front war: the legal front (motions, suppression, trial) and the human front (employment, immigration, family, reputation). That is why our reviews keep climbing past 1,300 five-star ratings. ## The Massachusetts Court System: District Court vs. Superior Court Massachusetts uses a two-tier trial court structure for criminal matters, and where your case lands determines almost everything about how it will be handled. ### District Court and Boston Municipal Court (BMC) The District Court hears misdemeanors and felonies punishable by up to five years in state prison. Most criminal cases in Massachusetts begin and end here. Examples include OUI first and second offense, simple assault and battery, shoplifting, operating with a suspended license, possession of a Class B substance, and misdemeanor domestic assault. Boston Municipal Court handles the same categories within the city of Boston. Juries are six members, and maximum sentences cap at two and a half years in a House of Correction. ### Superior Court Superior Court hears serious felonies, including armed robbery, aggravated assault, trafficking under M.G.L. c. 94C § 32E, rape, home invasion, and murder. Juries are twelve members, and sentences can reach state prison terms from a few years up to life. Superior Court cases typically begin with a grand jury indictment rather than a complaint, and motion practice is far more extensive. A **Massachusetts criminal defense lawyer** who moves comfortably between both courts is essential if your case gets bound over. ## Common Criminal Charges We Defend in Massachusetts Our firm defends the full range of Massachusetts criminal charges. Below are the categories that come through our office most frequently, along with the core statutes and penalty ranges to know. ### OUI / DUI (Operating Under the Influence) OUI charges are prosecuted under M.G.L. c. 90 § 24. A first offense carries up to two and a half years in a House of Correction, a fine up to $5,000, and a one-year license suspension. Second, third, and fourth offenses escalate sharply; a fifth offense is a felony. Many first-offense clients qualify for a 24D disposition, which typically includes probation, a program, and a reduced license suspension. For more, see our (/massachusetts-dui-lawyer/) page. ### Drug Offenses Controlled substance offenses fall under M.G.L. c. 94C. Simple possession of a Class B substance (cocaine, many pills) is a misdemeanor. Possession with intent to distribute is a felony, and trafficking thresholds under § 32E trigger mandatory minimum state prison sentences. Adult-use marijuana under an ounce is civil, but distribution, over-limit cultivation, and OUI-drugs remain fully criminal. ### Assault, Battery, and Violent Crimes Assault and battery is charged under M.G.L. c. 265 § 13A as a misdemeanor carrying up to two and a half years. With a dangerous weapon (ABDW) under § 15A it becomes a felony. Strangulation under § 15D is a felony punishable by up to five years. Domestic A&B under § 13M triggers mandatory batterer's intervention conditions. ### Theft and Property Crimes Larceny is governed by M.G.L. c. 266. Larceny over $1,200 is a felony; under $1,200 is a misdemeanor. Shoplifting, receiving stolen property, identity fraud, and breaking and entering all fall here. Each has specific value thresholds and elements a **Massachusetts criminal defense lawyer** can attack at the charging stage. ### Domestic Violence Domestic cases in Massachusetts move fast. A 209A restraining order can issue within hours, and police policy favors arrest when probable cause exists. Violations under M.G.L. c. 209A § 7 carry up to two and a half years plus federal firearm consequences. Early intervention by counsel often shapes outcomes more than trial strategy. ### Motor Vehicle Offenses Beyond OUI, M.G.L. c. 90 covers operating after suspension, revoked-license operation, negligent operation, leaving the scene, and motor vehicle homicide. Most are misdemeanors but carry mandatory RMV license consequences that survive even a favorable criminal disposition. ## Defense Strategies a Massachusetts Criminal Defense Lawyer Uses Every case is different, but the toolbox is consistent. When we evaluate a new matter, we are already thinking about which of these applies. - **Motion to suppress evidence.** If the stop, search, or seizure violated Article 14 of the Massachusetts Declaration of Rights or the Fourth Amendment, the evidence can be thrown out. Massachusetts often provides broader protection than federal law. - **Motion to dismiss for lack of probable cause.** A clerk-magistrate's finding can be challenged when the complaint does not establish each element of the offense. - **Challenging the breath or blood test.** Massachusetts has had years of litigation over breath test reliability. A current lawyer knows which calibration and certification issues are still live. - **Negotiating a CWOF (Continuance Without a Finding).** A CWOF lets a defendant admit sufficient facts, complete probation, and avoid a guilty finding - after which the case is dismissed. - **Pretrial diversion.** First-time offenders and eligible veterans may qualify for statutory diversion programs that end in dismissal. - **Trial by jury or bench.** When the Commonwealth cannot prove its case beyond a reasonable doubt, the answer is trial - with an aggressive defense. - **Post-disposition work.** Sealing under M.G.L. c. 276 § 100A and expungement under § 100K repair long-term damage after the case ends. ## The Massachusetts Criminal Case Process, Step by Step ### 1. Arrest or Summons You will either be arrested and bailed out, held for arraignment, or summoned to a clerk-magistrate hearing. The magistrate hearing is often overlooked. At this stage a **Massachusetts criminal defense lawyer** can argue the complaint should not issue at all, meaning no criminal record ever attaches. ### 2. Arraignment Arraignment is your first appearance. The judge reads the charges, enters a not-guilty plea, sets bail or conditions, and schedules a pretrial date. Once a complaint issues, the arraignment appears on your CORI (Criminal Offender Record Information), which is why fighting at the magistrate stage matters. ### 3. Discovery and Pretrial Conference Under Mass. R. Crim. P. 14, the Commonwealth must turn over police reports, witness statements, booking video, body camera footage, lab reports, and exculpatory material. Defense counsel reviews discovery, files motions, and negotiates with the prosecutor. Many cases resolve here through a CWOF, a reduced charge, or outright dismissal. ### 4. Motion Hearings If constitutional issues exist, such as an illegal search or an unlawful stop, the defense files suppression motions. Winning one often ends the case. ### 5. Trial Massachusetts guarantees the right to a jury trial on any offense where jail is a possible penalty. Defense counsel selects the jury, cross-examines the Commonwealth's witnesses, and presents any defense evidence. The Commonwealth must prove every element beyond a reasonable doubt. ### 6. Sentencing, Probation, and Appeal If convicted, the court imposes a sentence that may include probation, House of Correction time, state prison, fines, and conditions. The defense can file a motion to revise and revoke within 60 days under Mass. R. Crim. P. 29 and appeal to the Massachusetts Appeals Court. ## 10 Things to Know If You Are Facing Criminal Charges in Massachusetts 1. Silence is a right, not a suggestion. Under Article 12 of the Massachusetts Declaration of Rights and the Fifth Amendment, you do not have to answer police questions. Give your name, decline to answer, and ask for a lawyer. Most cases are won or lost in the first hour after arrest. 2. A summons is not "just a letter." A clerk-magistrate hearing notice is your best chance to kill a case before it starts. Hire counsel the day you receive it, not after the hearing date has passed. 3. Massachusetts has its own constitution, and it is stronger than the federal one. Article 14 search-and-seizure protection is often broader than Fourth Amendment protection. A skilled lawyer argues both. 4. CORI follows you. Even a dismissed case can appear on your Criminal Offender Record Information and affect jobs, housing, and immigration. Sealing and expungement are real options, but they have waiting periods and eligibility rules. 5. OUI and license consequences are separate. The Registry of Motor Vehicles imposes administrative suspensions that are independent of the criminal case. You can beat the OUI and still face a license issue if you do not act fast. 6. CWOF is powerful but not free. A continuance without a finding keeps the case off your record as a conviction, but federal immigration law may still treat it as a conviction, and it counts as a prior for future OUI purposes. 7. Restraining orders can appear before you know they exist. An ex parte 209A order can be issued the same day. If you are served, do not contact the protected party, not even to "explain." Contact Bank & Munns immediately. 8. Trafficking triggers mandatory minimums. Weight-based drug trafficking under M.G.L. c. 94C § 32E imposes mandatory minimum state prison sentences. Prosecutors cannot simply agree to probation, so early motion work is essential. 9. Public defenders are capable, but caseloads are real. If you qualify, a CPCS-appointed lawyer is a viable option. If you can retain private counsel, you gain significantly more time, attention, and strategic depth. 10. Out-of-state residents still need local counsel. Rhode Island, Connecticut, and New Hampshire drivers charged in Massachusetts must have Massachusetts-admitted counsel. Our team practices across New England so the handoff is smooth. ## Talk to a Massachusetts Criminal Defense Lawyer Today Criminal charges in Massachusetts do not resolve themselves. Every day before you involve counsel is a day prosecutors build their file, witness memories harden, and opportunities for suppression and diversion shrink. Bank & Munns brings aggressive defense to every Massachusetts case and offers free, confidential consultations. (https://bankandmunns.com/contact-us/) and ask for a lawyer by name. If you are facing felony exposure, also review our (https://bankandmunns.com/rhode-island-felony-defense-lawyer/) and (https://bankandmunns.com/rhode-island-misdemeanor-defense-lawyer/) pages. **Bank & Munns - Massachusetts Criminal Defense** 1,300+ reviews. Statewide representation. Available 24/7. (tel:4015732265) | (https://bankandmunns.com/contact-us/) | (https://bankandmunns.com/criminal-defense-faqs/) If you want a full overview of our practice, visit our (https://bankandmunns.com/) homepage.