Cambridge Criminal Defense Lawyer
Winning the Stalking and Criminal Harassment Cases
Being accused of stalking can be a demeaning, humiliating and infuriating development in the life of anyone. The term “stalker” is highly charged, conjuring up images of a frightening individual determined to harass the frightened target into submission. The reality can be quite different. We live in an increasingly hostile world where people, prompted by a simple disagreement or a desire to terminate a relationship, are quick to accuse individuals of stalking or criminal harassment. The statutes defining stalking and criminal harassment are so vague that the police can construe almost any conduct as falling within the parameters of either statute. For those charged with stalking or criminal harassment, facing a trial by jury may seem like a quite daunting ordeal. An experienced and fearless Massachusetts criminal defense lawyer can help you challenge these types of allegations.
Cambridge Criminal Harassment Lawyer
The Mahoney Criminal Defense Group, led by Kevin J. Mahoney, has successfully defended those charged with criminal harassment and/or stalking in the District Courts of Cambridge, Woburn, Waltham, Somerville, and Boston. In fact, no client of ours has ever been convicted of criminal harassment or stalking. To properly defend you, Attorney Mahoney will meet with you and patiently listen to your side of the story, answer your questions, assess the strengths and weaknesses of the prosecution’s case, and address your concerns. We will investigate the charges thoroughly, make every attempt to interview the witnesses, and keep you informed of any important developments in your case.
Many, if not most, Massachusetts criminal defense attorneys believe trials are neither won nor lost; verdicts, instead, are the product of jurors’ whims. We disagree. Thorough, tactical and aggressive cross-examination wins criminal trials. In his best selling book, Relentless Criminal Cross-Examination, Attorney Mahoney devotes an entire chapter on teaching criminal defense lawyers how to effectively cross-examine alleged victims.
Contact an Experienced Cambridge, MA Criminal Lawyer
Call us at 617-492-0055 to schedule a free in-office consultation with a Cambridge Criminal Harassment Lawyer.
MA Criminal Harassment and Stalking Statutes
Stalking (G.L. c. 265, § 43)
“A knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress.” However, to convict a defendant for violating the stalking statute, the Commonwealth must prove beyond a reasonable doubt: 1) the defendant purposefully with malevolent intent followed and or harassed the alleged victim; and, 2) the defendant issued threats to the alleged victim that were designed to put the victim in fear of physical harm or death. A stalking conviction is punishable by imprisonment in the state prison for not more than five years or by a fine of not more than one thousand dollars, or imprisonment in the house of correction for not more than two and one-half years or both.
If the accused stalked the alleged victim while a restraining order or other protective order was in effect, the offense is considered aggravated stalking and punishable by imprisonment in a jail or the state prison for not less than one year and not more than five years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of one year. A second or subsequent conviction is punishable by imprisonment in a jail or the state prison for not less than two years and not more than ten years. No sentence imposed under the provisions of this subsection shall be less than a mandatory minimum term of imprisonment of two years.
Criminal Harassment, G.L. 265, §43A:
“(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person, which seriously alarms that person and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment and shall be punished by imprisonment in a house of correction for not more than two and one-half years or by a fine of not more than $1,000, or by both such fine and imprisonment. Such conduct or acts described in this paragraph shall include, but not be limited to, conduct or acts conducted by mail or by use of a telephonic or telecommunication device including, but not limited to, electronic mail, internet communications or facsimile communications.
(b) Whoever, after having been convicted of the crime of criminal harassment, commits a second or subsequent such crime, or whoever commits the crime of criminal harassment having previously been convicted of a violation of section 43, shall be punished by imprisonment in a house of correction for not more than two and one-half years or by imprisonment in the state prison for not more than ten years.”
Kevin J. Mahoney is a Cambridge, Massachusetts criminal defense lawyer. Call 617-492-0055 to schedule a free in-office consultation.
