Criminal Defense Attorney Protecting Your Rights Across Massachusetts

Assault and Domestic Violence Defense

Assault and battery charges range from simple assault (potential jail time and fines) to more serious assaults involving weapons or injury. In Massachusetts, assault and battery under M.G.L. Chapter 265, Section 13A can result in up to two and a half years in a house of correction, depending on injury severity and circumstances. More serious forms involving serious bodily injury or committed against a pregnant person can result in up to five years in state prison.

Domestic violence charges carry additional complexity. These cases often involve allegations between family members or intimate partners, claims of self-defense, disputed accounts of what occurred, and ongoing relationship dynamics that affect the case. The presence of a prior domestic violence conviction can enhance charges and penalties.

Common defenses in assault cases include:

• Self-defense or defense of another person
• Insufficient evidence of intentional contact
• Misidentification of the defendant
• Credibility challenges to the alleged victim

Joseph Eisenstadt investigates police reports thoroughly, reviews any available video or witness evidence, analyzes injury photographs for consistency with the alleged victim's account, and develops a strong narrative about what actually occurred.

In domestic violence cases, we also address any protective orders, custody implications if children are involved, and the possibility of deferred prosecution programs if appropriate.

Drug Crimes and Trafficking Defense

Drug charges in Massachusetts carry significant potential penalties. Possession of a controlled substance under M.G.L. Chapter 94C can range from a misdemeanor for simple possession to felonies for trafficking in larger quantities.

Drug possession charges require proof that you possessed a controlled substance knowingly and intentionally. This creates opportunities for defense. For example, many drug cases hinge on whether police conducted a lawful search or seizure. If officers violated your Fourth Amendment rights, the evidence may be suppressed, potentially resulting in case dismissal.

Trafficking charges (sale, distribution, or possession with intent to distribute) carry steep penalties:

• Heroin trafficking: Mandatory minimum sentences ranging from 3.5 years (18-36 grams) to 12 years (200 grams or more)
• Cocaine trafficking: Mandatory minimums from 2 years (18-36 grams) to 8 years (100-200 grams)
• Fentanyl trafficking: Mandatory minimum of 3.5 years (10 grams or more)
• Federal drug charges: Carry even longer mandatory minimums

Eisenstadt Law defends drug cases by:

1. Challenging search and seizure legality
2. Analyzing chain of custody issues with physical evidence
3. Examining witness credibility and informant reliability
4. Investigating police procedures and warrant applications
5. Developing alternative theories of possession or control

Federal drug charges require specific expertise in federal sentencing guidelines, which differ significantly from state sentencing. If you face federal charges, having an attorney familiar with the federal system and the specific federal courts is critical. We work with co-counsel in federal cases to ensure comprehensive defense at both state and federal levels.

OUI/DUI Defense

Operating Under the Influence (OUI), also called DUI or DWI in other jurisdictions, is one of the most common criminal charges we defend. OUI charges range from a first offense with potential jail time and license suspension to felony OUI if you have prior convictions or caused injury or death. A first offense OUI carries potential sentences of up to two and a half years in a house of correction and fines ranging from $500 to $5,000, though many first-time offenders avoid jail through probation and mandatory alcohol education programs. Second and subsequent offenses carry mandatory minimum jail sentences.

OUI defenses focus on the stop itself, the field sobriety tests, breath testing procedures, and the blood draw or blood test if conducted. Police must have a lawful reason to stop your vehicle. If the stop was unlawful, evidence obtained after the stop is suppressible. Field sobriety tests are notoriously unreliable and can be challenged based on:

• Improper administration by the officer
• Medical conditions affecting performance
• Poor weather or road conditions
• The lack of scientific validation for some tests

Breath testing (whether the roadside preliminary breath test or the later breathalyzer test at the police station) is subject to challenge based on equipment maintenance records, calibration certificates, proper procedures for administering the test, and the qualifications of the officer conducting it.

Blood tests present different issues. Blood draws must be conducted with proper consent or a valid warrant. The blood sample must be properly collected, stored, and tested. Chain of custody must be maintained. We scrutinize every step of the blood testing process.

Additionally, many OUI cases involve driving impaired by prescription medication, fatigue, or medical conditions that mimic impairment but are not drug or alcohol related. Your account of the circumstances and any medical records become important evidence.

Firearms Offenses and Second Amendment Defense

Massachusetts firearms laws are among the strictest in the nation. Unlicensed possession of a firearm is a felony. Use of a firearm during the commission of another crime triggers mandatory minimum sentences. Manufacturing firearms, altering serial numbers, and trafficking in firearms all carry serious penalties.

Eisenstadt Law defends firearms cases by:

• Challenging search and seizure legality (many firearm cases stem from unlawful searches)
• Analyzing constructive possession claims (you can be charged with possession even if the firearm was not on your person)
• Examining witness reliability
• Raising Second Amendment considerations in appropriate cases

Massachusetts License to Carry (LTC) restrictions mean even licensed individuals face limitations. If you hold an LTC and face firearm-related charges, those charges may affect your license status. We address both the criminal case and the regulatory implications.

White Collar Crime Defense

White collar crimes including fraud, embezzlement, identity theft, forgery, money laundering, and credit card offenses typically involve investigation by multiple agencies, financial records analysis, and government scrutiny. These cases often begin with federal investigation.

White collar defendants often face the additional challenge of professional license consequences. An accountant, attorney, financial professional, or business owner facing fraud charges faces both criminal liability and professional discipline.

Eisenstadt Law defends white collar cases by:

• Challenging the evidence collection and analysis
• Examining government procedures
• Scrutinizing financial records interpretation
• Defending against joint venture or conspiracy allegations
• Working to preserve professional licenses where possible

Many white collar cases are resolved through restitution and negotiated sentences that allow for career continuation in modified form.

Sex Crimes and Registration Requirements

Sex crime charges are among the most serious in the criminal code. Beyond the criminal penalties, convicted individuals must register as sex offenders and may face extended probation, treatment requirements, employment restrictions, and housing limitations. Sex offender registration is mandatory for convictions including:

• Indecent assault and battery on a child under 14
• Indecent assault and battery on a person age 14 or over
• Rape
• Assault with intent to commit rape
• Related sexual offenses

Level 2 offenders must register for at least 20 years from conviction or release, while Level 3 offenders must register for life.

Sex crime definitions vary. Some charges require actual physical contact. Others involve allegations of inappropriate exposure, communication, or possession of materials. The severity of the charge depends on the victim's age, the type of contact, and whether force or coercion was involved.

We evaluate sex crime cases carefully to explore defenses, challenge evidence, and negotiate outcomes that minimize lifetime collateral consequences where possible.

Early intervention is particularly important in sex crime cases. If you are under investigation or aware of an allegation before arrest, consulting with an attorney immediately can help prevent arrest or allow your attorney to negotiate terms with prosecutors.

Violent Crimes, Robbery, and Serious Felonies

Serious violent crime charges such as robbery, assault with dangerous weapon, and threats can result in substantial prison sentences. These cases often involve multiple police interviews, eyewitness identification, and a strong government investigation.

Violent crime defenses depend on the specific charge. For robbery (taking property through force or threat of force), we examine identification evidence, challenge credibility of alleged victims, investigate whether force was actually used or only implied, and develop alternative narratives supported by the evidence.

For assault with dangerous weapon, we challenge weapon identification, examine whether the object was actually a weapon as alleged, investigate the circumstances of the incident, and explore self-defense claims.

Many serious felony defendants have prior records, which complicates sentencing. In these cases, we work to minimize the impact of prior convictions through advocacy at sentencing and exploration of rehabilitation efforts.

Juvenile and College Student Cases

Young defendants, whether teenagers in the juvenile system or college students facing criminal charges, benefit from early intervention. Juvenile records can be sealed under certain circumstances, and college students may have institutional disciplinary processes occurring simultaneously with criminal charges.

We handle both juvenile cases in the Juvenile Division of District Court and college student cases where a student is charged with an off-campus offense. We understand the intersection of criminal process and student conduct policies, and we work to protect your future education opportunities while defending the criminal case.

Many college student cases involve drug or alcohol-related charges. We provide straightforward counseling about the seriousness of the situation and the long-term consequences while working to achieve the best possible outcome.