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If you are facing a weapons offense, you need the assistance of an aggressive defense attorney. Any weapon you have that is involved in the arrest and charge is automatically forfeited to the Commonwealth. Attleboro District Court # 10-1762. He was charged with domestic assault and battery, G. 265 Section 13M, assault and battery on a police officer, G. 265 Section 13D, two counts of unlicensed possession of an assault weapon, G. 140 Section 131M, possession of ammunition without an FID card and possession of a firearm without an FID card, G. 269 Section 10(h) and improper storage of a firearm, G. Attorney Stephen Neyman was immediately hired to defend the man. First let me say that many states have Castle Doctrines that protect home owners in these cases, however you still do not want to shoot an unarmed man or someone who does not pose a threat to you. However, there are dozens of other gun crimes that apply in more specific situations. From start to finish it took 14 months and all the way through they were both very engaged with me. A state police officer then applied for a search warrant. If you use a firearm while committing a felony, this will result in a mandatory minimum sentence of five years imprisonment. After nearly a year long fight today Attorney Neyman was able to get the case dismissed. For example, a conviction for carrying a gun without an F. I. D. card carries a minimum sentence of 18 months in jail. What Does a Weapons Charge Mean in Massachusetts. Let me explain each one and how they apply. Assault by hypodermic needle is punished more severely than simple assault, as is assault and battery with a hypodermic needle.
In this case, if the weapon is loaded, you may face up to two years imprisonment and high fines. Massachusetts Firearms / Weapons Offenses - MA Gun Laws & Penalties. Today, notwithstanding the severity of these charges, and a strong request from the district attorney's office that our client serve a jail sentence Attorney Neyman was able to get the judge to continue the cases without a finding. Keep in mind that I am not a lawyer and this article is not intended for you to use a steadfast legal guide to the carrying of a firearm. We have a proven record of beating gun cases in Massachusetts. The difference is that breaking and entering is the act of entering a building, and burglary is the act of stealing something, usually from a home or car.
A public way is defined as a street, sidewalk, or any other public ground. Let me tell you how I will fight for you and protect your interests, your freedom, and your future. We argued that the search exceeded its permissible scope and was pretextual. If your case goes to trial, we fight to win. Attorney Neyman was able to get the clerk not to issue the complaint. What you need to know when you own or carry a Gun for Personal Protection. How to beat a gun charge in massachusetts police. Carrying a Dangerous Weapon on School Property Case Against Juvenile to be Dismissed. His entire career was spent outside of Massachusetts. The officers arrested each defendant and charged all with being a Minor in Possession of Alcohol. Assault and battery with a hypodermic needle is punishable to fifteen years in prison, two-and-a-half years in jail, a fine of up to $5, 000, or both imprisonment and a fine.
Other types of violations of the Massachusetts weapons laws that can seriously affect your punishment are: - Carrying a loaded firearm while drunk or otherwise impaired (drugs). Once the threat is stopped and no longer posses a threat to you, you MUST also stop your attack! He contacted the operator, our client and observed his sleeping in the cab. The case will be dismissed in a few months without any consequences. Officers searching the car located Our client was charged with possession of a firearm under G. 269 section 10(n), possession of ammunition under G. 10(h), possession with the intent to distribute class E drugs, a crime under G. 94C section 32D and possession of class B drugs in violation of G. Illegal Gun Possession Defense Attorney. 94C section 34. When they did they saw a large capacity firearm, not properly stored and near a minor. Gun Possession and Improper Storage Charges Against Maine Man Dismissed Prior to Arraignment. The man, our client was located in a terminal waiting to board his flight. The minimum mandatory penalties are heightened if you have prior convictions for similar offenses. These crimes carry harsh penalties and often mandatory jail time. Underneath his seat police located a handgun. For example, firing a gun at someone (but missing) is assault.
Felony Assault With a Firearm Charge Dismissed. The police located the defendant at his home and were given permission to search his home. One is to challenge the search that led to the discovery of the gun. Gun crimes in massachusetts. Therefore, I wish to make no further statements until I have contacted an attorney and composed myself. Today, the domestic assault and battery, the assault and battery on a police officer and all felony counts were dismissed. Possession of a Firearm by a Person Previously Convicted of a Misdemeanor Crime Of Domestic Violence.
What Are Some Defenses Against a Weapons Charge in Massachusetts? The question is not if you have authority to defend your life or authority to shoot, the real question is will the local DA or Attorney going to think your actions were justified by using the reasonable person test. How to beat a gun charge in massachusetts test. He lives in another state. For example, if you were carrying a firearm during the commission of a robbery, you would face robbery charges, gun charges, and additional charges for having a gun when you allegedly committed the robbery—even if you didn't use the gun.
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. Such "stand your ground", "Line in the Sand" or "No Duty to Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant. After his visit he decided to take a flight to visit other family members in another state. If you are convicted of carrying a firearm without an F. I.