Can You Be Charged with a Crime After the Fact in Massachusetts?

Yes, you can absolutely be charged with a crime days, weeks, or even years after something happened.

Police and prosecutors aren’t required to arrest you immediately. They can investigate first, gather statements, review evidence, and then apply for charges once they think they have probable cause. This is common in drug cases, hit-and-runs, and financial crimes.

As long as the charges are filed within the statute of limitations, they’re valid. For most misdemeanors and felonies, that’s six years. But for some serious offenses, there’s no time limit.

If you hear that someone made a complaint against you—or if you get a summons in the mail—it doesn’t mean you’re too late to defend yourself. In many cases, we can challenge the credibility of the evidence or even argue for dismissal at a clerk magistrate hearing.

Don’t assume that time has made the problem go away. If you think you might be charged—or already have been—talk to a lawyer right away. Early action can make a big difference.

What Happens If You’re Charged with Assault and Battery in Massachusetts?

Assault and battery is one of the most common criminal charges in Massachusetts—and one of the most misunderstood. You don’t need to cause an injury or even throw a punch to be charged.

Under Massachusetts law, you can be charged with assault and battery if you intentionally touch someone without their consent in a harmful or offensive way. Even pushing someone during an argument can lead to criminal charges.

The penalties depend on the circumstances. For a first-time misdemeanor, you could face up to 2.5 years in jail. But if the alleged victim is a family member, elderly person, or public employee, the charge is more serious. Some cases also involve separate charges like assault with a dangerous weapon or on a household member.

There are defenses. I’ve represented people accused of A&B after breakups, bar fights, traffic disputes, and false accusations. In many cases, we’re able to argue self-defense, lack of intent, or simply that the incident didn’t happen the way it was described.

If you’re facing assault and battery charges, don’t assume it’s just a misunderstanding. Get legal help fast.

What Is the Difference Between a Misdemeanor and a Felony in Massachusetts?

In Massachusetts, the difference between a misdemeanor and a felony comes down to punishment. Misdemeanors are offenses that carry up to 2.5 years in the House of Correction. Felonies can carry state prison time.

Misdemeanors include things like shoplifting, OUI (first offense), or disorderly conduct. Felonies include charges like armed robbery, drug trafficking, or aggravated assault.

Felony charges usually come with more serious consequences—higher bail, stricter conditions, longer sentences, and bigger effects on immigration, employment, and civil rights.

If you’re charged with either, the first step is the same: get legal representation immediately. The earlier you act, the more options you have to fight the case or minimize the damage.

How to Avoid Criminal Charges in Massachusetts

Not all criminal cases result in charges. In Massachusetts, there are ways to stop a case before it even starts—especially for misdemeanors or first-time offenses.

Some key opportunities to avoid charges:
- Clerk magistrate hearings: If you receive a notice for one of these, you haven’t been charged yet.
- Police contact before filing: If police are still “investigating,” a lawyer can sometimes intervene.
- Civilian applications: In minor disputes, a lawyer can resolve the issue before it escalates.

Avoiding charges entirely means no arraignment, no record, and no public court case. Start early with an experienced attorney.