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He then called the police to no avail. Possession of a firearm while committing or attempting to commit a felony carries a 5-year mandatory minimum. Our office went immediately to work and filed a motion to dismiss based on the grounds that due to the fact he had not been living in Massachusetts for sixty days, he was entitled to an exemption to the licensing requirement. The defendant was charged with possessing large capacity weapons and ammunition. If you do find yourself in a defensive shooting you will shoot to stop the threat, that may be two shots, it maybe ten. After nearly a year long fight today Attorney Neyman was able to get the case dismissed. Gun control in massachusetts. Today, all of those charges were dismissed. To challenge evidence taken in violation of a defendant's constitutional rights, your attorney may make several motions based on the actions of police during and after your arrest. On March 10, 2018 the defendant was in a park in Boston known for high criminal activity. Of course if the police have little to no evidence that you committed a crime, we can frequently get these cases simply dismissed on the spot for lack of evidence. Your attorney would need to file a motion to suppress to argue this.
After months of litigation Attorney Neyman was able to get the charges dismissed. Picking up a gun case in Boston is unlike anywhere else in Massachusetts. How Do I Win My Gun Case. A police officer can only conduct a pat-down or frisk if there is a credible threat to the officer's safety. Ref: MGL c. 265 §18B. Having an unbalanced use of force can and will land you in jail since you can only apply the amount of force that is necessary and reasonable to control the situation.
Officers gained entry through an open door in the basement. Thank you for understanding. Today, at the clerk magistrate hearing we prevailed upon a very compassionate clerk magistrate and state police lieutenant not to issue the complaint. He was always available to answer any questions I had and helped walked me through the entire process.
Our team of skilled Massachusetts gun crime defense attorneys will expertly defend your case from the investigative stages all the way to trial, if that point is reached. The nature of the weapon and the absence of proper identification cards and licenses prompted the police and district attorney's office to file felony gun charges against man. The Doctrine of Competing Harms is a legal doctrine in certain U. S. states that basically allows you to break almost any law on the books if the person believes it to be necessary to avoid imminent physical harm to yourself or another is justifiable if the desirability and urgency of avoiding such harm outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the crime charged. Also be aware that if you own certain specifically dangerous weapons, such as a sawed-off shotgun or a fully automatic weapon, you can receive a life term in a Massachusetts state prison. A patron at the party waived down the police and told them that he witnessed a male running up the street, brandishing a firearm. If you are found in possession of an unlicensed weapon, carry your weapon outside of your home or place of business without the license to do so, or possess a dangerous weapon, you will be sentenced to a mandatory minimum of 18 months imprisonment. How to beat a gun charge in massachusetts legal. The woman was charged with violating G. 140 section 131L, improper storage of a firearm a felony with a potential prison sentence of 15 years. After over a month of surveillance and controlled drug buys our client was seen by undercover officers selling drugs.
However, sometimes a significant disparity in the strength or fighting ability between the parties exist. He had a firearm secured in the trunk of his car. Justifiable Homicide. Illegal Gun Possession Defense Attorney. Additional Information About Weapons Charges. For some inexplicable reason, our client was charged along with the others notwithstanding the fact that he was acting in self defense. In a case like this, my defense might be simply trying to get the criminal charge dismissed in exchange for restitution and paying for any damage. He was properly licensed to possess and carry the weapon.
Airport security detected the bag as it rolled through the security conveyor belt. Below is a list of the most common Massachusetts criminal weapon charges:Illegal Carrying of Weapons. Depending on the circumstances of the offense, this could get you a 2 ½ year prison sentence or more. If you are caught carrying a rifle or shotgun on such property as this, you could face this charge. After reviewing the documents, motion and memorandum produced by our office, the Prosecutor agree with our position and these two counts were dismissed. Hire a defense attorney today. How to beat a gun charge in massachusetts institute of technology. That was corroborated by her father who was present for the incident. He was arrested and charged with domestic assault and battery as well as unlawful possession of a firearm and improper storage of a large capacity gun. Actually shooting someone is assault and battery (sometimes just called a battery). Transferred intent (or transferred malice in English law) is a doctrine also used in criminal law when the intention to harm one individual inadvertently causes a second person to be hurt instead. He reported the theft and warned the police that he had a firearm in the vehicle. Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly. Due to his level of intoxication and the severity of the crime the police arrested him.
Under such laws, there is no duty to retreat from anywhere the defender may legally be. Our attorneys have experience successfully defending against Massachusetts gun charges. An attorney will be able to tell you how your case is likely to be treated in court, depending on the judge and prosecutor assigned to your case and the facts. The man will have no criminal record.
Probably not since $600 is really not worth losing your life over. We were able to get the defendant released immediately after we were retained. Today, our office succeeded in getting these charges. It was obtained through an unreliable tip.
He was eventually summonsed for a clerk magistrate hearing charging him with possession of a firearm in violation of G. 269 section 10(a), possession of a loaded firearm under G. 269 section 10(n), improper storage of a firearm under G. 140 section 131L and an airport security violation, G. 269 section 12F. A verbal dispute between the man his wife erupted. Our client was charged with possession of a firearm G. 269 section 10(a), possessing a firearm with a prior gun or drug crime G. 269 section 10G, carrying a loaded firearm G. 269 section 10(n), possession of a firearm with a defaced serial number G. 269 section 11C and possession of a high capacity firearm G. Assault With a Dangerous Weapon in Massachusetts | CriminalDefenseLawyer.com. 269 section 10(m). Carrying a Dangerous Weapon on School Property Case Against Juvenile to be Dismissed. To win your gun case, you need an experienced criminal defense attorney. We then filed a motion to dismiss the charges prior to arraignment. Si usted habla espanol contacta a nuestro asistente de abogado Maria Rivera en 617-877-6270. As you can see from the offenses detailed above, Massachusetts firearms crimes often have mandatory minimum sentences.
Carrying a gun on you or having it in your car. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. Under the law, the individual causing the harm will be seen as having "intended" the act by means of the "transferred intent" doctrine. Your first instinct should always be to contact a criminal defense attorney to make sure that your rights are protected. The defendant had been seen engaging in drug sales. Typically deadly force is considered justified, and a defense of justifiable homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to him or herself or another". This is another way you could win your gun case. Today was the scheduled arraignment date. Defacing Firearm Serial Number. He was arrested and charged with unlawful possession of a firearm, G. 269 Section 10(a) and possession of ammunition, G. 269 Section 10(h)(1). A secret recording of the incident was made by the victim. The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. Falsifying Documents on a Firearms Application.
He was charged with carrying a firearm, a violation of G. 269 section 10(a) and improper storage of a firearm, under G. 140 section 131L. 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. Read More in G. 140 Section 131.