Springfield OUI Lawyer

Motor Vehicle Offenses

Some of the most common motor vehicle offenses we see are Leaving the Scene of Property Damage or Personal Injury. The Government bears the burden of establishing that sufficient property damage and/or injury resulted during the alleged accident. Most times these cases can turn on the issue of the Government being able to establish the identity of the driver at the time of fleeing the scene. If you are suspected of being involved in any crime, do not speak to the police and immediately invoke your right to counsel and contact a seasoned criminal defense attorney to invoke your rights.

Lesser motor vehicle charges such as Negligent Operation of a Motor Vehicle, Operating after a Suspended License, and Driving Without a License are also serious matters that must be defended zealously with the goal to keep your record free and clear of any conviction and well as your right to operate a motor vehicle with the Registry of Motor Vehicles (“RMV”) intact.

Assault & Battery and Crimes Against a Person

Generally speaking, an “Assault” is putting someone in fear of an imminent battery or of being struck, whereas a “Battery” is legally defined as an unlawful or unwanted touching. When a person is charged with Assault and Battery (“A&B”), they are usually accused of striking or hitting a person during some sort of physical altercation. While a straight or simple “A&B” is a misdemeanor, if it takes place with a dangerous weapon or if a significant injury results, the case can be charged as a felony.

There are many defenses that can be raised to defend these types of cases – insufficiency of evidence, mistaken identity, accident, self-defense, and defense of others to name a few. It is imperative that these types of cases are investigated thoroughly and the proper defense is raised at the proper time in the proceedings.

Theft Offenses and Other Crimes Against Property

Some of the most common property crimes involve Breaking and Entering (“B&E”), Thefts, and Larceny of Motor Vehicles. B&Es and Thefts can be charged as either a misdemeanor or a felony whereas a Larceny of a Motor Vehicle is a felony that must be fought at all costs to avoid a conviction. Often times, these charges can be “negotiated down” to misdemeanors, however there a many defenses that can be successfully raised to defense these charges at trial depending on the facts of each individual case.

Weapons Offenses

Possession of certain “weapons” can be charged as either misdemeanors or felonies depending on what the item is, and where it is located. Regardless of what type of crime is charged, the most important aspect in defending these types of cases is focused on the legal definition of “possession.” Possession can be shown to be actual, joint, or constructive. In order to properly defend against these cases, it is critical that the defense negate the elements of each theory of possession.

Drug Offenses

Much like charges involving a weapon, drug offenses often turn on the legal definition of “possession.” In cases involving an “intent to distribute,” litigation is focused on facts that the Government – often mistakenly – believes show a plan to distribute a controlled substance. Many times these cases can be defended by showing the lack of an intent to distribute, effectively knocking the case down to simple possession which is a misdemeanor.

Hire an Experienced Criminal Defense Lawyer in Springfield and Western MA

If you are charged with any crime in Western MA, do not hesitate to contact criminal defense attorney Dan Daly to assist you. We specialize in OUI, traffic, motor vehicle, drug, weapon, assault, and larceny offenses. We also service all courthouses in Western Massachusetts including Springfield District Court, Holyoke District Court, Chicopee District Court, Westfield District Court, Palmer District Court, Northampton District Court, and Eastern Hampshire District Court among others. Call us now at (413) 241-7881 or contact us through our website to set up a free consultation and case evaluation.

Daly Law, P.C. is located at 1380 Main Street, Suite 407, Springfield, MA 01103 in the heart of downtown Springfield (directly behind City Hall and above Nadir’s Mediterranean Restaurant & Grill). The office is handicap accessible and conveniently located to the nearby Hampden County Hall of Justice and public transportation.

If you are seeking a confident, fearless, smart, and trustworthy lawyer to fight for you and protect your rights, contact Daly Law, P.C. now for a free and confidential consultation and case evaluation. Dan is a Springfield OUI lawyer ready and willing to defend you on any criminal charge.