If you’ve been arrested or charged with a felony offense, you need aggressive, dedicated, and vigorous representation. This is precisely the kind of representation we offer! Attorney Hoffman and the associates that work with him approach every case with the same zeal we would have for one of our own family members in the same situation. Our clients rest easy, knowing that we are doing everything possible within the legal bounds of professional ethics, to fight for them and for the best possible outcome to their cases.

What is a Felony in Massachusetts?

A felony charge, in Massachusetts, is any charge that can result in a sentence of confinement to state prison. Unlike a misdemeanor, which can result only in a sentence of confinement to a county house of correction. What is the difference between state prison and a county house of correction? Well, it might be easier to think of the two, in laymen’s terms, as the difference between jail and prison. A county house of correction is like jail and state prison is – of course – prison.

Technically, according Massachusetts General Laws Chapter 274 Section 1 “A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.” Thus, if a charge carries the possibility of a sentence to death or confinement to state prison, it is a felony charge.

While it is vital to have rigorous legal representation, when facing any charge, certainly the stakes are even higher, when facing a felony charge. If you are facing a felony charge, you must seek out competent and rigorous legal representation. The potential sentence you can receive will vary, depending on the charge. Listing all of the charges and their respective potential penalties are beyond the scope of this article. If you have been charged with a felony charge of any kind (or a misdemeanor charge) and have questions, feel free to contact us today! We will be happy to answer your questions, and provide a free initial consultation.

I Need a Hard-Hitting Attorney, Right?

If you are facing a felony charge (or any charge, really), you may think you need to find a hard-hitting, in-your-face, boisterous (nice word for “loud-mouthed”) attorney. Let’s face it, we’ve all seen the movies and TV shows depicting courtroom drama, and this is exactly what is usually depicted.

Even in real life, we often see criminal defense attorneys who fit the mold above, many of them – inexplicably – with long-gray ponytails (perhaps to show they are nonconformists?). The truth is, the kind of attorney you need will vary, depending on the circumstances. If the case against you is strong and the motions fought don’t go your way, it may be in your interest to settle the case, and accept a plea. In this case, you want an attorney capable of negotiating the best possible plea for you with the prosecutor assigned to your case. If, on the other hand, there is significant exculpatory evidence and the motions fought go your way, it will likely be in your interest to take your case all the way to trial, unless the prosecutor offers a very good plea. In this case, you want an attorney who can win at trial. The truth is, some attorneys may be great at negotiating pleas, while not being great at trial. Others may be great at trial, but not so good at negotiating pleas.

One thing we can say, beyond all doubt, in our personal experience, is that if your case is destined for trial, a loud-mouthed, hard-hitting, in-your-face attorney is not always the ideal choice. Ironically, one of the best trial attorneys we have ever seen is a grandmother. This actually makes sense, if you think about it.

Imagine yourself on a jury. If an attorney for one side is obnoxious, how likely would you be to want to adopt his viewpoint? Not very likely. We once saw a prosecutor lose a case, he should have won, because he screamed at the jury. When the trial was over, and the jury members were interviewed, they seemed to go out of their way to argue the few minor points the defense had made, while ignoring the mountain of evidence against the defendant. Why? They all finally admitted that the prosecutor had made every single one of them angry, by screaming at them. Of course, they “claimed” it had not affected their decision, but the truth was obvious.

A grandmother, on the other hand, is likeable. We all like grandmothers, and we tend to believe them. This illustrates a very important fact and truth about the kind of attorney one actually needs to win at trial. In short, you want one the jury will believe. However, some criminal defense attorneys seem to go out of their way to dress and act in a way that literally defies this point. No one will believe them. We’ve all seen them, stand up, and argue a point that couldn’t possibly be true. Maybe you even admire them, and think – wow that person is a good attorney. The problem is, if you don’t believe them, no one else will either.

One of the most useful questions you can ask yourself, if you are in the market for a criminal defense attorney, is would I believe this person, if I were a juror? If the answer is no, run the other way, and find a different attorney. You might also want to ask yourself “if I were a prosecutor, would I want to work with this attorney, and give him or her a better offer than I might normally make?” Again, if the answer is no, you should probably find yourself different counsel.

While neither Attorney Hoffman nor the attorneys that work with him are grandmothers, they are all adept at adjusting their strategy and approach, depending on the circumstances. They strive for perfection in both circumstances, whether they are negotiating a plea or trying a case in court. They understand the need to be hard-hitting and boisterous at times, and tactful and deliberate in others. Attorney Hoffman has represented over one-thousand criminal defendants, and has imparted the lessons he has learned to the other attorneys who work with him.

Call us today, for a free initial consultation. We are always happy to answer any questions you may have.