It is further alleged that the defendant and his passenger shot at houses for reasons not yet articulated. The observed the defendant with a bulge in his pocket consistent with possessing a weapon. Justifiable Homicide means that you are guilty of homicide but it was justifiable under the law. Read More in Firearms Cases. What is "Gun Court"?
Given the extreme public harm that an illegal firearm can do, law enforcement officials and prosecutors take gun violations very seriously and will usually punish them to the full extent of the law. Our client opened the car door and locked the keys in the car. In June of this year police in a Massachusetts industrial city received a call for gunshots being fired in a specific location. DEFENSE FOR CONVICTED FELONS IN POSSESSION OF FIREARMS. He was in Massachusetts working on a project. However, any evidence against you obtained illegally cannot be used in court. Since conviction can lead to mandatory prison time and a permanent criminal record, acquittal or dismissal of the charges is your best chance of putting the incident behind you. We initially succeeded in getting the high capacity charges dismissed outright. The driver and his passenger quickly jumped out of the car. So instead of asking, "Can I shoot? Massachusetts Firearms / Weapons Offenses - MA Gun Laws & Penalties. I've listed some below. Assault and battery is often punished more severely than assault alone. From start to finish it took 14 months and all the way through they were both very engaged with me.
You need the best representation to provide you with the best chance at avoiding a conviction. Massachusetts has several laws in place restricting the carrying and use of firearms in the state. If the weapon is loaded you will typically face a sentence of up to 2 years and fines. Juries are sometimes not so reasonable as each side will try to select jury members sympathetic to their side. You now use your firearm to defend your life, because you have determined there is no way to retreat safely and there is no time to use or consider other options, you may just have a justifiable defensive shooting. While trying to assist the defendant, who they believed in peril, located a concealed weapon and some drugs. He was subsequently charged with violating G. 140 Section 141 improper storage of a firearm and improper storage of a high capacity weapon. Depending on your criminal record, you could be subject to a federal minimum mandatory sentence of 15 years. How to beat a gun charge in massachusetts gun. On March 10, 2018 the defendant was in a park in Boston known for high criminal activity. The defendant was charged with improper storage of a firearm and possession of a firearm under G. 140 Section 131L and G. 269 Section 10(a) respectively. However, this right is not absolute.
On September 10, 2015 the defendant was served with a 209A restraining order commanding him to stay away from is wife. Contact us today for a free consultation. Our client was charged with possession of a firearm under G. 269 section 10(a) for which there is a mandatory minimum 18 month sentence upon conviction. As a lawfully armed citizen I ask for the same courtesy that you would show a fellow officer who was involved in a similar situation. Click here to learn more about large-capacity weapons and feeding devices. Massachusetts Breaking and Entering Charges and Penalties. On August 29, 2022 several local thugs congregated in front of his store threatening patrons. Due to the dire nature of this offense, you should consult or retain a Boston weapons crimes attorney as soon as you are able. Even a first-time gun charge carries a mandatory minimum of 18 months in the House of Correction. Possession of an unlicensed firearm is punishable by up to 2 years and a fine, which varies depending on whether it is a first or repeat offense. Be aware that receiving a weapons' charge in Boston or anywhere in Massachusetts is a serious offense. Also, remember that this would include circumstances where the attacker's weapon turns out to be fake, unloaded etc since you had no reason to believe that it wasn't, and sometimes a situation arises when a person is acting recklessly with no specific intent to kill you but you could most certainly end up with serious bodily injury or death as a result of his actions. The officers investigated. The simply answer here is Yes and No. This usually is in the form of a weapon of some sort but can also be a person with no weapon at all.
The officers ordered the defendant to get out of the car without reasonable suspicion or probable cause to do so. While the most serious weapons offenses involve guns, Massachusetts law prohibits the possession of other potentially dangerous weapons. The defendant is a landscaper who carries a knife for work. It is better to barricaded yourself in a safe room such as your bedroom etc, call the police and simply protect the entrance to the room – giving you the tactical advantage, or if possible get out of the house and call the police, remember your property is replaceable, your life is not. In New Hampshire: Use of Firearm to Protect your Property. Simply watch your intruder from a safe distance to insure he does not become a threat again and try to calm down as much as you can until police arrive. Under such laws, there is no duty to retreat from anywhere the defender may legally be. How to beat a gun charge in massachusetts legal. We'll go to work immediately on your case. A dangerous weapon is any instrument or instrumentality so constructed or so used as to be likely to produce death or great bodily harm. Today, at the clerk magistrate hearing we prevailed upon a very compassionate clerk magistrate and state police lieutenant not to issue the complaint. The basis may lie in either statutory law and or common law precedents. He lawfully purchased a gun in that state. These crimes are set out in G. 265 Section 15B and G. 265 Section 13M. After his business meeting the defendant went to look for his car and realized it had been stolen.
The police were given permission to search her home and they located the gun where she indicated it would be. I could not have done it without them! EMT's arrived and transported the occupants to a local hospital. The man was located at his dorm. Ask yourself, does he have the ability to cause me serious injury. Having a large capacity gun or clip. With guidelines as to how much force may be used against a resisting subject in a given situation. How Do I Win My Gun Case. Keep in mind that some states have "mandatory retreat laws" so you need to know the laws in your State and jurisdiction. This must be served day-for-day.