1. Law Offices of Stephen Neyman
Focus Area: Criminal defense with 30+ years experience and former prosecutor background
Practice Areas: Domestic assault and battery, drug crimes, sex crimes, DUI/OUI, theft, violent crimes, federal crimes, appeals
Background: Attorney Stephen Neyman has been a dedicated Boston criminal defense lawyer for more than 30 years. He has successfully taken more than 300 criminal cases to trial and has appealed approximately 50 criminal convictions in both state and federal courts throughout Massachusetts. Before moving to Massachusetts in 1990, Mr. Neyman served as a Deputy District Attorney in Los Angeles County, prosecuting gang offenses from drug crimes to murders. With a background in prosecution, he understands how prosecutors build cases and which strategies are likely to be successful. The office is accessible 24 hours per day, seven days per week.
Location: Boston, Massachusetts (appears in courts throughout Massachusetts and nationally)
Contact: (617) 263-6800 | https://www.neymanlaw.com/
Consultation: Free consultation available; all consultations confidential and protected by attorney-client privilege
2. Zalkind Duncan & Bernstein LLP
Focus Area: Criminal defense rooted in civil rights advocacy since the 1960s
Practice Areas: Murder, drug crimes, white-collar crimes, federal conspiracy, sex crimes, assault, misdemeanors, felonies, appeals
Background: Founding partner Norman Zalkind started the firm’s criminal defense practice in Boston in the 1960s, representing individuals subjected to mass arrests in the civil rights and anti-war movements. Today, the firm handles cases ranging from misdemeanors in state district courts to major federal conspiracy, drug, and white-collar prosecutions. The team includes nine former law clerks, including eight who clerked for federal judges and one for the Massachusetts Supreme Judicial Court. Several lawyers serve on the federal Criminal Justice Act (CJA) panels for Massachusetts and the First Circuit. The lawyers are not former prosecutors but attorneys committed to criminal defense from the time they first sought to become lawyers.
Location: Boston, Massachusetts
Contact: (617) 742-6020 | https://www.zalkindlaw.com/
Consultation: Available for case consultation
3. Simons Law Office
Focus Area: Criminal defense for complex cases in Massachusetts
Practice Areas: Federal crimes, drug crimes, violent crimes, DUI/OUI, sex crimes, theft, white collar crimes
Background: Simons Law Office provides unparalleled representation against complex and difficult cases in Massachusetts. Attorney Joe Simons is known for his knowledge of the system and ability to get amazing outcomes for clients. The firm handles cases in both state and federal courts. Their Boston office is located at 53 State Street, Suite 500. The firm takes pride in returning calls quickly and providing sophisticated and personalized strategies to fight serious and complex charges.
Location: 53 State Street, Suite 500, Boston, MA 02109
Contact: (781) 797-0555 | https://jbsimonslaw.com/
Consultation: Available 24/7
4. Altman & Altman LLP
Focus Area: Criminal defense with over 50 years of experience
Practice Areas: Assault and battery, domestic violence, rape, sexual assault, drug crimes, OUI/DUI, theft, internet sex crimes
Background: Altman & Altman has over 50 years of experience in Massachusetts at every level of law, from simple misdemeanors to Superior Court cases. The firm provides free consultations no matter why, how, or when you need them. The attorneys handle cases involving aggravated assault and battery, assault with intent to kill, assault with intent to rob or murder, indecent exposure, internet sex crimes, and statutory rape. The firm assists clients from arrest through trial and understands the recent changes to Massachusetts domestic violence laws that require police officers to make an arrest in certain situations.
Location: Boston, Massachusetts (serves Cambridge and greater Boston area)
Contact: (617) 492-3000 | https://criminal.altmanllp.com/
Consultation: Free phone consultation available 24/7
5. C. Henry Fasoldt, Attorney at Law
Focus Area: Criminal defense focused on homicides and federal crimes
Practice Areas: Homicides, cold case homicides, federal crimes, federal investigations, major felonies
Background: Attorney Henry Fasoldt concentrates his practice exclusively on criminal defense, allowing the firm to stay up-to-date with developments in the law and provide effective representation. The practice focuses primarily on defense of homicides, cold case homicides, federal crimes, and federal investigations. The firm is familiar with the practices of all criminal courts in Massachusetts, whether state or federal. Attorney Fasoldt stands ready to defend clients charged with any crime, in any court, anywhere in Massachusetts.
Location: Boston, Massachusetts
Contact: (617) 338-0009 | https://www.bostondefenselaw.com/
Consultation: Available for case consultation
Criminal Defense Laws in Massachusetts
Felony Classifications
Massachusetts does not use a formal classification system for felonies. Instead, each offense has specific statutory penalties. Felonies are generally defined as offenses punishable by imprisonment in state prison (as opposed to county jail or house of correction):
Murder: First-degree murder carries mandatory life imprisonment without parole. Second-degree murder carries life imprisonment with possibility of parole after 15 years.
Violent Felonies: Aggravated rape carries up to life imprisonment. Armed robbery carries up to life. Assault with intent to murder carries up to 20 years.
Drug Felonies: Trafficking in cocaine (18-36 grams) carries mandatory minimum 2 years, up to 15 years. Larger quantities carry higher mandatory minimums.
Property Felonies: Breaking and entering at night carries up to 20 years. Armed burglary carries up to life.
Misdemeanor Classifications
Misdemeanors in Massachusetts are offenses punishable by imprisonment in a house of correction (county jail) for up to 2.5 years:
Common Misdemeanors: Simple assault and battery carries up to 2.5 years. OUI first offense carries up to 2.5 years. Larceny under $1,200 carries up to 1 year.
Motor Vehicle Offenses: OUI first offense carries up to 2.5 years, $500-$5,000 fines, 1-year license suspension. Penalties increase substantially for subsequent offenses.
Record Clearing Options (Sealing)
Massachusetts allows sealing of criminal records (records are hidden from most background checks but not destroyed):
Sealing Convictions: Most misdemeanors can be sealed 3 years after disposition. Most felonies can be sealed 7 years after disposition. Time runs from the date of disposition, release from incarceration, or release from probation, whichever is later.
Sealing Non-Convictions: Dismissals and not guilty findings can be sealed immediately upon application.
Expungement: Available only in limited circumstances, including cases where the law under which you were convicted has been decriminalized, identity fraud victims, and certain juvenile offenses.
CORI Reform: Massachusetts has reformed Criminal Offender Record Information (CORI) access, limiting what employers can see and when they can ask about criminal history.
Ineligible Offenses: Some offenses, including sex offenses requiring registration and certain firearms offenses, cannot be sealed.
OUI Laws
Massachusetts uses OUI (Operating Under the Influence) rather than DUI/DWI. BAC of .08% or higher (.02% for under 21) constitutes OUI. First offense carries up to 2.5 years jail (rarely imposed), $500-$5,000 fines, 1-year license suspension, and possible alcohol education program. Melanie’s Law (2005) created harsher penalties for repeat OUI offenders and cases involving child passengers or injury.
Frequently Asked Questions
What is a Clerk Magistrate hearing in Massachusetts and do I need an attorney?
A Clerk Magistrate hearing is a preliminary proceeding in Massachusetts where a clerk magistrate determines whether there is probable cause to issue a criminal complaint. You have the right to attend, present evidence, and cross-examine witnesses. Technically, you do not need an attorney, but having one is strongly recommended. If you prevail at the hearing, no charges are issued and nothing appears on your CORI (Criminal Offender Record Information). If you lose, you will be arraigned on criminal charges. An experienced Boston criminal defense attorney can present your case persuasively, cross-examine the complainant, and potentially prevent charges from ever being filed. This is often the best opportunity to resolve a case before it becomes a criminal record.
How does Massachusetts handle domestic violence cases differently from other assault cases?
Massachusetts treats domestic violence cases more seriously than other assault cases. Recent changes to the law require police officers to make an arrest if they have probable cause to believe domestic assault occurred. The prosecution may proceed even if the alleged victim recants or refuses to cooperate. Upon conviction for domestic assault, you will be referred to a Certified Batterer’s Intervention Program (40 weeks minimum). A second or subsequent conviction becomes a felony punishable by up to 5 years in state prison. The Commonwealth can request a dangerousness hearing where you can be held without bail for up to 120 days. These cases also affect family law proceedings including divorce and child custody.
What is the difference between sealing and expungement in Massachusetts?
Sealing and expungement are different forms of record relief in Massachusetts. Sealing hides your criminal record from most background checks, but the record still exists and can be accessed by law enforcement, courts, and certain employers (such as schools). Most misdemeanors can be sealed 3 years after disposition; most felonies after 7 years. Expungement completely destroys the record as if it never existed. However, expungement is only available in limited circumstances: if the law you were convicted under has been decriminalized, if you were a victim of identity fraud, for certain juvenile offenses, or if a court finds the record resulted from demonstrable error. For most people, sealing is the available remedy.
What should I do if I am a college student charged with a crime in Boston?
Being charged with a crime as a college student in Boston carries unique consequences. Beyond criminal penalties, you face potential academic discipline including suspension or expulsion, loss of financial aid, loss of campus housing, and impact on graduate school or professional school applications. For international students on F-1 visas, a conviction can result in visa revocation and deportation. It is essential to hire an attorney who understands both the criminal justice system and the university disciplinary process. Many Boston criminal defense attorneys have experience representing students from local universities. Early intervention is critical, as your attorney may be able to resolve the case through pretrial diversion, keeping it off your permanent record.
What are the mandatory minimum sentences for drug offenses in Massachusetts?
Massachusetts has mandatory minimum sentences for certain drug trafficking offenses. Trafficking in cocaine (18-36 grams) carries a mandatory minimum of 2 years, up to 15 years. Trafficking in cocaine (36-100 grams) carries a mandatory minimum of 3.5 years. Larger quantities carry higher mandatory minimums up to 15 years. Trafficking in heroin (18-36 grams) carries similar mandatory minimums. School zone violations add 2 years to any sentence. However, Massachusetts has reformed its drug laws in recent years. The 2018 Criminal Justice Reform Act created exceptions to mandatory minimums for certain non-violent drug offenders. An experienced Boston criminal defense attorney can evaluate whether you qualify for exceptions and work to avoid mandatory minimum sentences.