Boston Violent Crimes Attorney

I’ve spent five decades on both sides of violent crime prosecutions. Before defending clients, I prosecuted violent felonies as an Assistant District Attorney in Middlesex County and in Manhattan’s DA’s office, then as a federal prosecutor in Boston with the Organized Crime Strike Force and OCDEFT. That background shapes every defense I build. I know how Suffolk County prosecutors assemble their cases, where federal agents look for evidence, and where those cases can be challenged. If you’re looking for a violent crime attorney in Boston who has stood at both counsel tables, that’s what I bring.

I’ve defended clients in Massachusetts and across the country in state and federal court. I also regularly appear as a guest analyst on FOX25 Boston and have been featured on CNN, NPR, and the Today show. That experience gives me a clear view of how high-profile cases are perceived and managed in the public sphere.

Understanding the Criminal Process for Violent Crimes in Boston

The process begins with arrest, typically by the Boston Police Department, followed by booking and arraignment. Most cases are arraigned at Boston Municipal Court; the most serious felony charges proceed to Suffolk Superior Court. At arraignment, charges are formally read and bail may be set. Massachusetts enforces strict rules on how evidence must be collected and presented, which is why having a violent crime lawyer in Boston from the start matters. Brad Bailey Law can address problems before they become harder to undo.

Each stage carries procedural nuances specific to Suffolk County courts. Court conferences, motion sessions, and plea negotiations move on the court’s schedule, not yours. One step that catches many defendants off guard is the dangerousness hearing: under Massachusetts law, a judge can order pretrial detention without bail for defendants charged with certain violent offenses. That decision is made early, and the attorney’s argument can shape the result. My approach is to get ahead of every procedural hurdle from the moment I’m retained.

Dangerousness Hearings Under Massachusetts Law

Under G.L. c. 276, § 58A, the Commonwealth can seek pretrial detention or restrictive release conditions for a felony involving the use, attempted use, or threatened use of physical force. The statute also applies to another felony involving a substantial risk that physical force will be used. A judge can order detention only upon clear and convincing evidence that no release conditions will reasonably assure the safety of another person or the community. The judge can’t use a financial bail condition to cause detention under § 58A.

The dangerousness hearing is held at the first court appearance unless either side receives a continuance. A continuance requested by the defense can’t exceed seven days, while one requested by the Commonwealth can’t exceed three business days, absent good cause. Without good cause, detention under § 58A can’t exceed 120 days in District Court or 180 days in Superior Court, excluding qualifying periods of delay under Massachusetts criminal procedure rules.

Set up a consultation by calling (617) 500-0252 or using my contact us online form.

Why Choose Brad Bailey Law for Violent Crime Defense?

Credentials matter when you’re facing a violent crime charge. Here’s what I bring to every case:

• Thousands of Clients Defended; Over 100 Superior Court and Federal Trials Handled
• Former State and Federal Prosecutor: ADA in Middlesex County and Manhattan, AUSA in Boston with the Organized Crime Strike Force
• Record of Never Losing a Federal Trial
• Selected to New England Super Lawyers® in 2004, 2006 through 2007, and every year from 2014 through 2025 (top 5% of lawyers)
• Massachusetts Top 10 by the National Academy of Criminal Defense Attorneys
• Perfect 10.0 Avvo Superb Rating
• AV Preeminent Martindale-Hubbell Rating
• National Top 100 Trial Lawyer
• Appellate Experience in the Federal 1st Circuit, the Supreme Judicial Court, and the Massachusetts appellate court
• Free Consultations | Virtual Consultations | Available 24/7

Contact us to schedule your free consultation today by calling (617) 500-0252!

Cases We Handle

As a Boston violent crime lawyer, I defend clients against charges including:

• Accessory Before the Fact
• Armed Career Criminal (ACCA)
• Armed Robbery
• Arson 1 and Arson 2
• Assault
• Assault and Battery
• Extortion
• First Degree Murder
• Second Degree Murder
• Home Invasion
• Kidnapping
• Murder
• Possession of a Firearm
• Violent Felonies
• Voluntary Manslaughter
• Involuntary Manslaughter

Domestic Violence Assault & Battery Charges

G.L. c. 265, § 13M creates a separate offense for assault or assault and battery against a current or former spouse, a co-parent, or someone in a substantive dating relationship. A first conviction carries up to 2½ years in a house of correction, a fine of up to $5,000, or both. It can also require completion of a certified batterer’s intervention program.

A second or subsequent conviction under § 13M is a felony with a maximum state-prison sentence of five years. Because the relationship between the accused and the complainant affects the charge and potential penalties, I examine both the underlying allegation and whether the statutory relationship requirements are satisfied.

Penalties for Violent Crimes in Boston

Massachusetts General Laws Chapter 265 governs violent crimes in the Commonwealth, covering offenses from assault through first-degree murder. The sentencing exposure is serious. Under G.L. c. 265, § 13A, assault or assault and battery carries up to 2½ years in a house of correction or a fine of up to $1,000. If the alleged offense caused serious bodily injury, involved a pregnant person, or was committed against someone protected by an active restraining order, it can be charged as a felony with a maximum state-prison sentence of five years.

Offense-specific statutes determine the applicable range. Under G.L. c. 265, § 15A(b), assault and battery by means of a dangerous weapon carries a maximum state-prison sentence of 10 years or up to 2½ years in a house of correction, a fine of up to $5,000, or both. The aggravated form under § 15A(c) carries a 15-year maximum state-prison sentence. An aggravated assault allegation must therefore be evaluated under the precise statute and facts charged.

Sentencing exposure depends on the charged offense, the alleged facts, a person’s prior record, and the statutory provisions that apply. Beyond incarceration, a violent felony conviction carries collateral consequences that follow a person for years, including loss of certain civil rights, barriers to employment and housing, and restrictions on firearm ownership. Understanding how those penalties interact with the specific facts of your case is where early defense work matters, and it’s where I focus from the first conversation.

To Speak with an Experienced Boston Violent Crime Defense Attorney, Call (617) 500-0252 or Contact Us Online Today.

Building a Strategic Defense for Violent Crime Charges

My prosecutorial background guides how I assess the government’s case. I know how the Suffolk County DA’s Office constructs violent crime cases and how the U.S. Attorney’s Office for the District of Massachusetts approaches federal charges. I begin by asking whether the arrest was constitutional, whether any search was lawful, and whether identification procedures followed the rules. A motion to suppress evidence can change the trajectory of a case before trial begins, and I have extensive experience filing and arguing those motions in state and federal court.

Reviewing the Evidence

I review police reports, charging documents, and all available discovery for gaps or inconsistencies in the investigation. In Boston, where surveillance cameras cover MBTA stations, commercial corridors, and public streets throughout Dorchester, Roxbury, Back Bay, and South Boston, digital evidence is often central to the prosecution’s case. That footage needs to be reviewed for authenticity and admissibility, not taken at face value. When ballistics, use of force, or mental health are at issue, I consult independent experts who can provide testimony or analysis that challenges the government’s narrative.

Choosing the Right Path Forward

Once the evidence picture is clear, I evaluate whether the case is better positioned for a negotiated resolution or a contested trial. I’ve argued cases in federal court in the District of Massachusetts. That courtroom experience informs how I prepare for hearings before trial, dangerousness determinations, and evidentiary arguments. I explain the risks and realistic outcomes of each path in plain terms so you can make an informed decision at every stage.

Self-Defense, Mistaken Identity & Excessive Force

Self-defense can be central when the evidence shows that force was necessary in response to an immediate threat. Once self-defense is properly raised in a Massachusetts criminal case, the defendant doesn’t have to prove it. The Commonwealth must prove beyond a reasonable doubt that the defendant didn’t act in lawful self-defense.

Massachusetts law doesn’t permit force used for retaliation or revenge. The right arises from the necessity of the moment and ends when that necessity ends, making the sequence and timing of events critical. I also examine mistaken identification, inconsistencies in witness accounts, and whether the evidence supports the prosecution’s description of the level of force used.

Frequently Asked Questions About Violent Crime Defense in Boston

These answers address immediate decisions after an arrest and common questions about evidence and court procedure in Boston.

What Should I Do If I’m Arrested for a Violent Crime in Boston?

Remain calm, exercise your right to remain silent, and clearly invoke your right to an attorney before answering questions. Anything you say during booking or questioning can be used against you. After arrest, you’ll be processed and held pending arraignment, where charges are formally read and bail may be addressed. Contact a violent crime attorney in Boston as early as possible so the arrest, evidence, and available defense options can be evaluated.

How Does the Legal Process for Violent Crimes in Boston Differ from Other Parts of Massachusetts?

Suffolk County’s case volume and court structure shape how violent crime cases move. Case conferences, motion sessions, evidentiary hearings, and trial preparation follow the assigned court’s schedule and procedural requirements. Identifying the correct court, filing deadlines, and available motions is an important part of preparing the defense from the outset.

What Types of Evidence Matter Most in Boston Violent Crime Cases?

Physical evidence such as DNA and fingerprints, digital surveillance from MBTA cameras and business security systems, and witness statements are common in Boston violent crime prosecutions. Because the city is densely surveilled, digital evidence often plays an outsized role. Each category can be challenged: footage can be questioned for chain of custody and angle limitations, physical evidence can be reexamined by independent experts, and witness credibility can be tested through cross-examination and investigation. I review every piece of the prosecution’s evidence for authenticity, admissibility, and reliability.

Call (617) 500-0252 or Email Us to Schedule Your Confidential Consultation.

Defending Against Violent Crime Penalties in Massachusetts Courts

I’m licensed to practice in Massachusetts (since 1987), New York (since 1984), the U.S. District Court for the District of Massachusetts, and the U.S. Court of Appeals for the 1st Circuit. I’ve also been admitted pro hac vice in federal and state courts in ME, CA, AZ, MD, WI, VA, and NJ. That reach means I can follow a case wherever it needs to go, whether the charges originate in a Boston state court or escalate to the federal level.

I served as Sheriff of Middlesex County from 1995 to 1996. My appellate experience, having filed and argued cases in the Federal 1st Circuit Court of Appeals, the Supreme Judicial Court, and the Massachusetts Court of Appeals, means that if a trial-level ruling needs to be challenged, I’m prepared to take it further. Appellate proceedings focus on legal issues arising from trial-court rulings, so preserving those issues during the underlying case is an essential part of defense preparation.

Contact a Boston Violent Crime Attorney Today

If you or someone you care about is facing a violent crime charge in Boston, don’t wait. I offer free consultations and virtual consultations, and I’m available 24/7 because serious charges don’t wait for business hours. I provide a candid assessment of where things stand and what a defense could look like from here.

Call me at (617) 500-0252 or reach out through the firm’s online contact form to schedule your free, confidential consultation.