Misdemeanors

Boston Misdemeanor Cases Lawyer

In Massachusetts, misdemeanors are typically prosecuted in District Court and are punishable by up to two and one-half years in jail. Some examples of misdemeanors are:

• Malicious destruction of property
• Disorderly person
• Disorderly conduct
• Disturbing the peace
• DUI (called OUI in Massachusetts)
• Criminal traffic offenses
• Minor transporting alcohol
• Trespassing
• Shoplifting and petty theft offenses
• Larceny
• Possession of marijuana, cocaine, heroin or ecstasy

While misdemeanor cases may subject you to less jail time than felony cases, they may still have a devastating impact on your future. A misdemeanor conviction gives you a criminal record, which can affect your search for a job or ability to attend college. A misdemeanor conviction can ruin your reputation in the community, since any district court case is a public record and might be printed in your home town newspaper. If you are not a U.S. citizen, a misdemeanor conviction could still ultimately affect your status in this country.

There is a lot riding on any criminal charge. A skilled lawyer can often favorably resolve misdemeanor charges by negotiating with the prosecutor. By resolving the charges before a trial, you may avoid having a criminal conviction on your record. When you must take your case to trial, however, you will need an experienced and skillful attorney to fight for an acquittal on your behalf.  Attorney Yannetti's seventeen-year track record of success speaks for itself.

Free Phone Consultation: Contact Boston misdemeanor cases lawyer David Yannetti.

Recent Misdemeanor Cases:

January 5, 2010
Boston Municipal Court
Central Division
Docket No. 1001-CR-0021 and -0022
Clients -- two brothers in their 20's -- were in Boston visiting a friend for the weekend.  While out at a bar one night, they allegedly got into a dispute with the doorman and a police officer.  Both brothers were arrested for disorderly conduct.  Their father hired Attorney Yannetti.  Today, when both brothers were scheduled to be arraigned, Attorney Yannetti persuaded the judge and prosecutor to dismiss their cases prior to arraignment.  This means that there will be no public record of the case -- and both brothers will maintain clean criminal records.  Result: Case Dismissed Before Arraignment.

October 23, 2009
Framingham Juvenile Court
Docket No. DL 09-F-0163
Client, a middle-school student, allegedly grabbed and pushed a 10 year-old fellow student at a bus stop.  As a result, the boy suffered a broken bone in his arm, lost a tooth and chipped a second tooth.  Client was charged with assault and battery. Client's mother hired Attorney Yannetti to preserve Client's clean criminal record.  Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation.  Client therefore does not plead delinquent or guilty and admits to no wrongdoing.  As long as he completes twenty hours of community service and does not get arrested again, the case will be dismissed with no repercussions for Client's criminal record. Result: Case Dismissed.

August 31, 2009
Clinton District Court
Docket No. 0968-CR-1074
Client, a 38 year-old accountant, got very drunk and unruly at the wedding of his friend, to the point where the police had to be called. Before the police arrived, Client fell over from intoxication and suffered injuries to his head. When the police arrived, Client was covered in blood but was resisting medical attention. He allegedly ripped a neck brace off, pushed a police officer, ripped the officer's shirt, fought the police while they tried to arrest him and cut open an officer's finger during the struggle. As a result, Client faced charges of assault and battery on a police officer, resisting arrest, disorderly conduct and disturbing the peace. Client hired Attorney Yannetti to help him resolve this matter. Client had one prior criminal case, an OUI (DUI) which was continued without a finding three years ago. Today, Attorney Yannetti persuades the prosecutor and the judge to place Client on pre-trial probation. As long as Client avoids further trouble and refrains from drinking alcohol, this case will completely dismissed in six months, with no repercussions for Client's record. Result: Case Dismissed.

August 26, 2009
Somerville District Court
Clerk's Hearing
Client faced a charge of malicious destruction of property over $250 -- a felony -- as a result of an alleged "road rage" incident.  Client allegedly cut off another vehicle in traffic, got out of his car and punched the driver's side fender of the other vehicle, damaging it.  The middle-aged woman driving the other vehicle was terrified.  She took down Client's license plate number and called the police.  Client hired Attorney Yannetti to represent him at the clerk magistrate's hearing.  Today, Attorney Yannetti persuades both the police officer and the assistant clerk magistrate that the application for complaint should not issue against Client -- as long as Client pays for the damages to the woman's vehicle. Client never appears before a judge. This case will therefore never appear on his criminal record. Result: Application for Complaint Dismissed.

June 10, 2009
Malden District Court
Docket No. 0850-CR-1362
In April of this year, this case was dismissed against Client after he had been placed on pre-trial probation and was ordered to receive anger-management counseling. Shortly after the dismissal, Client contacted Attorney Yannetti to petition to seal this case. Today, Attorney Yannetti succeeded in having all records of this conviction permanently sealed. As a result, Client can now truthfully answer on any job or official application that he has never been arrested, charged or convicted of any crime. Result: Case Permanently Sealed.

March 20, 2009
Framingham District
Court Docket No. 0849-CR-2437
Client, a married family man, was arrested for assault and battery and operating to endanger as a result of an alleged mishap on the Massachusetts Turnpike. Client allegedly drove through the "Fast Lane" tolls without having the proper transponder in his vehicle. When approached by a toll-taker, Client willingly provided his driver's license for identification, but refused to sign any paperwork. When the toll-taker resisted returning his license, Client grabbed it out of the toll-taker's hands -- causing the toll-taker to lose his balance and fall face-first onto the roof of Client's vehicle. Client then sped off. The toll-taker broke his front teeth. Client hired Attorney Yannetti who, after several months of negotiation, eventully persuades the toll-taker to sign an "accord and satisfaction." The toll-taker essentially agrees to tell the prosecutor that he does not wish to go forward with the case. Today, over the prosecutor's objection, Attorney Yannetti persuades the judge to dismiss the case against Client. Result: Case Dismissed.

March 11, 2009
Boston Municipal Court
Brighton Division
Docket No. 0908-CR-0063
Client, a 23 year-old professional, went out drinking with some friends one night. On the way home, he allegedly was kicking a plastic gas container down the street. At one point, while a police officer watched in horror, Client allegedly bent down near the gas container with a lit cigar in his hand. When the police stopped him, Client allegedly admitted trying to light the gas container on fire. He was therefore arrested for two counts of attempted arson (a felony), as well as one count of disorderly conduct. Client hired Attorney Yannetti. At the pre-trial conference, Attorney Yannetti persuades the prosecutor to dismiss both counts of attempted arson. On the misdemeanor charge, Attorney Yannetti files a motion for pre-trial probation. The prosecutor assents, and the judge allows the motion. Client only needs to perform 40 hours of community service and the case will be dismissed with no admission of guilt. Result: Both Felony Charges Dismissed, Misdemeanor Charge to be Dismissed.

December 2, 2008
Malicious Destruction of Property Investigation
Client, a college student with a bright future, was alleged to have forcibly removed a parking boot from his car -- damaging the pavement at his school and resulting in a missing parking boot. Client's parents hire Attorney Yannetti to advocate that Client should not be charged with any crime and should not be punished through any judicial process at his university. Attorney Yannetti eventually persuades the police and the school that Client was not at fault. Result: No Charges are Brought and Client is Not Disciplined at School.

November 14, 2008
Somerville District Court
Docket No. 0810-CR-1698
In an incident of road rage, Client allegedly bolted out of his car, ran to the driver behind him and intentionally punched and broke a side rear-view mirror. A police officer witnessed the entire confrontation, including the smashing of the mirror. Client was arrested and charged with both malicious destruction of property and disorderly conduct. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and instead to allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime. After six months, the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.

October 30, 2008
Boston Municipal Court
Central Division
Docket No. 0801-CR-1311
Client, a 22 year-old foreign national in this country on a student visa, was arrested last February after a woman had reported that Client had masturbated in her presence in the elevator of an apartment building. During their investigation, the police unearthed a video of the entire incident which clearly showed Client masturbating and ejaculating in the woman's presence. Client hired Attorney Yannetti to somehow resolve this case without subjecting Client to deportation. Today, after several months of negotiation, Attorney Yannetti persuades the prosecutor to reduce the charge from "Open and Gross Lewd and Lascivious Behavior" (which would have led to Client's deportation) to "Indecent Exposure" (which poses no such risk). Additionally, Attorney Yannetti convinces the judge not to incarcerate Client for his conduct. Result: Client avoids jail, avoids deportation, and avoids a felony conviction.

September 29, 2008
Boston Municipal Court
Central Division
Clerk's Hearing
Client, a portfolio manager, was walking with a co-worker in downtown Boston when he passed a woman walking and smoking on the sidewalk in front of him. He made a comment to his co-worker about his parent having passed away from lung cancer and the woman apparently took offense. This led to an altercation between the two of them, which led to the woman calling the police to allege that Client had spit on her. As a result, Client faced a potential complaint of assault and battery. Client hires Attorney Yannetti, who schedules the matter for a clerk's hearing. Today, Attorney Yannetti persuades an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.

September 18, 2008
Boston Municipal Court
South Boston Division
Clerk's Hearing
Client, who recently began work at job placement agency, met some friends at a concert in Boston and had too much to drink. He allegedly tried to enter a restricted area against the orders of security personnel. When the police were called, Client allegedly resisted arrest and tried to head-butt one of the officers. Client hires Attorney Yannetti, who speaks with the police officer involved in the arrest. Attorney Yannetti then schedules the matter for a clerk's hearing, during which he persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.

September 3, 2008
Cambridge District Court
Clerk's Hearing
Client, a recent high school graduate, allegedly attacked a fellow student during a foos-ball game at a school function. Client's parents hire Attorney Yannetti, who scheduled the matter for a clerk's hearing. If a complaint were to be issued against him, Client could have his future prospects for education and/or employment severely damaged. Today, Attorney Yannetti persuades the police and an assistant clerk magistrate that no complaint should be issued against Client. Result: Application for Complaint Dismissed.

August 21, 2008
Lowell District Court
Docket Nos. 0811-CR-0779 and 0811-CR-2987
Client was charged with being a disorderly person on two separate occasions by his campus police. Client hires Attorney Yannetti, who, over the course of several months, makes both legal and practical arguments to the prosecutor. Today, Attorney Yannetti convinces the prosecutor not to take the case to trial, and to instead allow Client to be placed on pre-trial probation. The judge agrees. This means that Client does not admit to any crime, and instead needs only to perform 50 hours of community service, remain drug and alcohol-free, and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.

July 22, 2008
Ayer District Court
Docket Nos. 0748-CR-0577 and 0748-CR-0919
Client was on probation (pursuant to a "continued without a finding" disposition) for two separate possession of marijuana cases. Given that he also had two previous possession of marijuana cases (for a total of four on his criminal record), he was ordered to complete the community corrections program -- which includes drug testing. Client allegedly failed five different drug tests and failed to report for another, so his probation officer issued him a surrender notice. If found in violation of probation, Client faced the prospect of having convictions on his record -- which would have caused him to lose his driver's license for at least one year. Client also faced the prospect of serving time in jail. Client hires Attorney Yannetti. Over the course of three months, Attorney Yannetti counsels Client, works with his parents and negotiates with his probation officer. Today, Attorney Yannetti persuades his probation officer and the judge to allow Client to enter a one-month residential treatment program. Result: Client is placed back on probation despite multiple probation violations, maintains a conviction-free record, and retains his driver's license.

May 1, 2008
West Roxbury District Court
Docket No. 0806-CR-0847
Client, an 18 year-old college student, was caught drinking beer at rowdy underage party. Regrettably, he chose to run away when confronted by the police. When the officer finally caught up with him, he found prescription pills in his pocket, for which Client did not have a prescription. Client was therefore charged with possession of a Class C controlled substance, underage possession of alcohol, resisting arrest and disorderly person. Today, Attorney Yannetti convinced both the prosecutor and the judge to place Client on pre-trial probation. This means that Client does not admit to any crime, and instead needs only to complete 28 hours of community service and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.

January 25, 2008
Dedham District Court
Docket No. 0754-CR-2034
Client, a 23 year-old college senior, lost his cool one afternoon during a parking lot dispute. Client thought that an older man had driven too close to his car and nearly side-swiped him, so Client got out of his car and approached the man, who was still seated in his own parked car. Client allegedly started yelling at the man, shaking the roof of the man's car, and spitting in his face repeatedly. Client then allegedly punched his fist through the man's rear window. Eyewitnesses confirmed Client's behavior and took down his license plate number. When confronted by police, Client admitted to being in the altercation. Client was charged with assault and battery, as well as malicious damage to a motor vehicle, which is a fifteen-year felony and a very serious charge. Client's parents hired Attorney Yannetti. Today, when the case was scheduled for a pre-trial conference, the clerk in court announced that Client was to be arraigned on yet another, unrelated charge, as a result of a wild party at his college residence back in September 2006. Nonetheless, Attorney Yannetti succeeds in convincing the prosecutor to recommend pre-trial probation for Client. The judge agrees. This means that Client does not admit to any crime, and instead needs only to complete a "state courts against road rage two-hour seminar and then stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Attorney Yannetti also convinces the prosecutor and judge to dismiss the "keeping a disorderly house" charge prior to arraignment. Result: Case Dismissed.

December 20, 2007
Boston Municipal Court
Brighton Division
Docket No. 0708-CR-1697
Client, a 21 year-old college student, had too much to drink while partying one night. When she arrived at her boyfriend's condo complex at about 2:45 a.m., she took a fire extinguisher off the wall and sprayed its contents all over the complex. A significant amount of damage was done to property and motor vehicles as a result. The entire incident was caught on videotape. Charged with malicious destruction of property and disorderly conduct, Client hires Attorney Yannetti, who persuasively argues that Client should be treated leniently because she had been mugged and suffered a concussion within weeks of the incident. Attorney Yannetti succeeds in convincing the prosecutor to recommend pre-trial probation for Client. The judge agrees. This means that Client does not admit to any crime, and instead needs only to pay restitution and stay out of further trouble. The case will ultimately be dismissed with no repercussions for Client's record. Result: Case Dismissed.

March 13, 2007
Somerville District Court
Docket No. 0610-CR-2903
Client, a high school student on probation for a previous charge of possession of a class D controlled substance (marijuana), was facing multiple counts of malicious destruction of property. Client allegedly vandalized several motor vehicles by removing multiple car emblems in the neighborhood one night. After several court appearances, Attorney Yannetti convinces the prosecutor and judge to dismiss the case today upon reimbursement of the out-of-pocket expenses incurred by the car owners. Result: Case Dismissed.

February 8, 2007
Westborough District Court
Docket No. 0667-CR-2433
Client, an out-of-state businessman, was charged with assault and battery as a result of allegedly improperly touching a room-service employee at the Massachusetts hotel at which he was staying. At the pre-trial conference today, Attorney Yannetti convinces the judge to dismiss the case over the prosecutor's objection when the alleged victim fails to appear in court. Result: Case Dismissed.

January 26, 2007
Lowell District Court
Docket No. 0611-CR-6432
Client, an architect, was charged with criminal unlawful acts in violation of the building code. Attorney Yannetti files a motion to dismiss based upon the prosecutor's failure to provide a bill of particulars as ordered. The prosecutor strenuously objects. After a hearing today, judge dismisses case over prosecutor's objection. Result: Case Dismissed.

October 26, 2006
Marlborough District Court
Docket No. 0621-CR-0789
Client was charged with cruelty to animals for allegedly mistreating the family dog through neglect. After many court appearances, Attorney Yannetti convinces the prosecutor and the judge to place Client on pre-trial probation today - meaning that Client does not admit to any crime and the case ultimately is dismissed with no repercussions for Client's record. Result: Case Dismissed.