You’ve been Charged with a Gun Crime: What Comes Next?
Massachusetts has some of the strictest gun laws in the country, and if you're facing charges under M.G.L. c. 269, s. 10(a), 10(h), or 10(g), the consequences can be severe. These statutes cover various firearm offenses, ranging from illegal possession of a firearm, to carrying a gun without proper licensure, to carrying a firearm as someone that was previously convicted of a crime of violence or a drug crim. The potential penalties for such charges include prison time, hefty fines, and a permanent criminal record that can impact your future.
As an experienced gun crime lawyer in Brockton, I understand the stress and uncertainty you’re going through. My goal is to help you understand the charges you're facing and work with you to build the best defense possible. In this blog post, I'll explain what each of these statutes covers, what penalties you might be facing, and why hiring a skilled criminal defense attorney could be the most important step you take to protect your future.
Understanding M.G.L. c. 269, s. 10(a): Illegal Carrying of a Firearm
Massachusetts General Laws Chapter 269, Section 10(a) deals with the illegal possession of a firearm without a proper license. If you’ve been charged under this section, it means you were allegedly carrying a gun without the required License to Carry (LTC). This is a serious offense in Massachusetts, and the penalties reflect the state's strict stance on unlicensed gun possession outside of the home.
What the Law Says:
M.G.L. c. 269, s. 10(a) states that anyone who "knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded" without the proper licensure is guilty of a crime. It’s important to note that this statute applies whether the gun is loaded or not, as long as its outside the home and it includes carrying the weapon in a vehicle.
Penalties for Violating M.G.L. c. 269, s. 10(a):
If you're convicted of possessing a firearm without the necessary license under Section 10(a) in the District Court, you're facing a mandatory minimum sentence of 18 months in the House of Correction. If you’re facing the charge in the Superior Court this mandatory sentence could be Two and a half years in State Prison. This mandatory minimum means that if convicted, you will serve at least 18 months, or if a charged as a felony two years— behind bars—there is no option for probation or a suspended sentence during this time. The maximum penalty for this charge can be up to two and a half years in the House of Correction and five years in state prison.
With such severe consequences, it’s vital to take these charges seriously. As an experienced gun possession attorney in Brockton, I’ve defended clients against these charges and know how to build a defense that could reduce or dismiss your charges.
Understanding M.G.L. c. 269, s. 10(h): Possession of a Firearm Without a License or FID Card
M.G.L. c. 269, s. 10(h) covers the illegal possession of a firearm, rifle, or shotgun without an FID card. This section typically applies to situations where an individual is found in possession of a firearm but does not have the legal right to possess the weapon because they lack the required FID card.
What the Law Says:
According to M.G.L. c. 269, s. 10(h), it is a crime to possess any firearm, rifle, or shotgun without having the proper identification card or license to carry. Unlike Section 10(a), which deals specifically with carrying a firearm outside of your home or business, Section 10(h) applies even if the firearm is found in your home or place of business, as long as you don’t have an FID card.
Penalties for Violating M.G.L. c. 269, s. 10(h):
The penalties for violating M.G.L. c. 269, s. 10(h) can include up to two years in a house of correction, with a potential fine of up to $500. While these penalties may not seem as severe as those under Section 10(a), they are still serious and can result in a criminal record that follows you for the rest of your life.
If you’ve been charged with violating M.G.L. c. 269, s. 10(h) in Brockton, it’s important to have a skilled attorney who can assess the facts of your case and determine the best defense. As your gun crime lawyer in Brockton, I’ll work tirelessly to challenge the prosecution’s evidence and seek to have your charges reduced or dismissed.
Understanding M.G.L. c. 269, s. 10(g): Possession of a Firearm by a Convicted Felon
M.G.L. c. 269, s. 10(g) applies specifically to individuals who have previously been convicted of a felony and are later found in possession of a firearm. Massachusetts takes a particularly harsh stance on felons who are caught with firearms, and the penalties reflect this.
What the Law Says:
M.G.L. c. 269, s. 10(g) states that any person who has been convicted of a felony, misdemeanor punishable by imprisonment for more than two years, or a violent crime, and is found in possession of a firearm is guilty of a serious offense.
Penalties for Violating M.G.L. c. 269, s. 10(g):
The penalties for violating M.G.L. c. 269, s. 10(g) can be extremely harsh. A conviction under this statute carries a mandatory minimum sentence of three years in state prison, with the potential for up to 15 years in prison, depending on how many previous convictions for drug/violent crimes on your record. Additionally, because this charge applies to felons, the court will not look favorably on the defendant, and prosecutors often seek the maximum penalty, which can be either 10 years or 20 years depending on the number of predicate offenses.
As a gun defense attorney in Brockton, I understand how critical it is to fight these charges aggressively. Whether the firearm was found during a traffic stop, a search of your home, or any other circumstance, I’ll work to challenge the legality of the search, the evidence, and the circumstances that led to your arrest.
Why You Need a Gun Crime Lawyer in Brockton
The Massachusetts criminal justice system is complex, and navigating it without legal guidance is a risky move. Gun crime charges under M.G.L. c. 269, s. 10(a), 10(h), or 10(g) are serious offenses, and without a strong legal defense, you could face years behind bars, substantial fines, and a permanent criminal record.
Here’s why hiring an experienced gun possession lawyer in Brockton is crucial to your case:
1. Understanding Local Courts and Prosecutors
Each city in Massachusetts has its own nuances when it comes to how courts and prosecutors handle criminal cases, and Brockton is no different. Having practiced extensively in Brockton, I know how local prosecutors approach gun crime cases and what strategies they are likely to use. This insider knowledge allows me to craft a defense that’s tailored to the specifics of the Brockton court system and the key players involved.
2. Building a Strong Defense
In any criminal case, the prosecution bears the burden of proof. They must prove beyond a reasonable doubt that you were in possession of the firearm illegally and that all legal procedures were followed during your arrest. There are multiple defense strategies that can be effective in gun crime cases, such as:
Challenging the legality of the search and seizure: Did the police have the right to search your vehicle, home, or person? If not, the evidence against you may be inadmissible in court.
Arguing constructive possession: Just because a gun was found near you doesn’t mean you were in possession of it. We can argue that the weapon didn’t belong to you or that you were unaware of its presence.
Questioning the chain of custody and evidence handling: Mistakes made during the collection, storage, or transfer of evidence can weaken the prosecution’s case.
As an experienced criminal defense attorney for gun charges in Brockton, I’ve successfully used these and other defense strategies to get charges reduced or dismissed.
3. Negotiating Plea Deals and Sentencing Alternatives
In some cases, the best option is to negotiate a favorable plea deal that avoids the harshest penalties. Massachusetts judges and prosecutors are often willing to offer reduced sentences or alternative sentencing options, such as probation or house arrest, for first-time offenders or in cases where mitigating circumstances exist.
As your gun defense lawyer in Brockton, I’ll work to negotiate a deal that minimizes the impact on your life and keeps you out of prison whenever possible.
4. Motions to Suppress in Gun Cases
One of the most powerful tools in defending against gun crime charges in Massachusetts is the motion to suppress. This legal strategy involves challenging the evidence against you, particularly in cases where your constitutional rights may have been violated when they searched for the evidence they found. If successful, a motion to suppress can lead to key evidence being excluded from the trial, which can significantly weaken the prosecution’s case and may even result in the dismissal of charges.
As an experienced gun crime lawyer in Brockton, I have successfully used motions to suppress to defend clients facing charges under M.G.L. c. 269, s. 10(a), 10(h), and 10(g). Understanding how and when to file a motion to suppress can make the difference between a conviction and an acquittal.
5. Trying a Gun Case
In any gun trial, the prosecution must prove beyond a reasonable doubt that you unlawfully possessed or used a firearm. As your attorney, my job is to challenge every aspect of their case. This could involve questioning the validity of the evidence, exposing weaknesses in the prosecution’s witnesses, and ensuring that your constitutional rights were respected throughout the investigation.
I have extensive experience trying gun cases in Massachusetts and understand the intricacies of the state’s gun laws, as well as the strategies that work best in front of local juries and judges. Whether it’s securing an acquittal or negotiating a favorable plea deal before trial, my priority is always to achieve the best outcome possible for you.
6. Protecting Your Future
A criminal conviction can have long-lasting consequences beyond jail time. A felony conviction, especially one involving a firearm, can make it difficult to find a job, secure housing, or obtain certain professional licenses. For younger individuals, it can derail educational and career opportunities before they even begin.
That’s why it’s so important to have an experienced gun possession attorney in Massachusetts who understands the stakes and will fight to protect your future. I’ll work to achieve the best possible outcome for your case, whether that’s a reduction in charges, a dismissal, or an acquittal at trial.