Criminal Law

+OPERATING UNDER THE INFLUENCE

Chapter 90, Motor Vehicles and Aircraft
Mass. G.L. c.90, sec 24

“Section 24. (1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxication liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.”

+BREAKING AND ENTERING
Chapter 266, Crimes against Property
Mass. G.L. c. 266, sec 17

“Section 17. Whoever, in the night time, enters without breaking, or breaks and enters in the daytime, a building, ship, vessel, or vehicle, with intent to commit a felony, the owner of any other person lawfully therein being put in fear, shall be punished by imprisonment in the sate prison for not more than ten years.

Whoever commits any offense described in this section while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not less than five years or in the house of correction for not more that two and one-half years.

+LARCENY
Chapter 266, Crimes against Property
Mass. G.L. c. 266, sec 30

“Section 30. (1) Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion secreting, shall be guilty of larceny, and shall, if the property stolen is a firearm, as defined in section one hundred and twenty-one of chapter one hundred and forty, or, if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollar and imprisonment in jail for not more than two years.

If the value of the property stolen, other than a firearm as so defined, does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars; or if the property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both.”

+ASSAULT AND/OR BATTERY
Mass. G.L. c 265, sec 13A

“Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than two and one half years in a house of correction or by a fine of not more than one thousand dollars.

A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.

 Attorney James Hentz

“My unique competitive advantage is in the results and solutions I provide to my clients. I have tried over 14 cases in the last 3 years and resolved over 100 cases thus far. I understand your urgency; I am available on my cell day and night, weekdays and weekends.  If you leave me a message, I will return your call within minutes.”