Guns and Weapons Defense

A Successful Strategy For Defending a Gun And Weapons Case

Whether the case is in a Massachusetts District or Superior Court, the charge must be taken seriously. An attorney experienced with defending clients charged with gun- related offenses knows what is at stake. Lowell District Court routinely litigates guns and weapons cases. Lowell District Court is located right off of route 495 at 41 Hurd Street, Lowell MA. Somerville, Cambridge and Woburn District Courts also have many guns and weapons offenses that go through their courts. Having an experienced defense attorney on your side is important to avoiding conviction and serving a jail sentence.

Both the state and federal constitution protect its citizens from unreasonable searches and seizures of the person and the home. This expectation extends to motor vehicles and often times, depending on the circumstances, to hotel rooms.

Attorney Kathleen M. McCarthy has successfully defended clients in Middlesex and Essex Superior and District Courts who have faced a mandatory sentence because of a weapons charge. Attorney McCarthy routinely examines the circumstances surrounding any stop, search and seizure to ensure that the conduct of the police officers and anyone acting on behalf of the government was lawful. Filing a motion to suppress has become routine. In these types of motions it is alleged that the conduct of the officers violated the state and federal constitutional rights of a defendant and the search was accordingly illegal. Attorney McCarthy has prevailed on a number of these motions, achieving dismissal of the charges against the client/defendant. Attorney McCarthy has had similar success for clients charged with other types of crimes in which possession is an element that the Commonwealth must prove. For example, she has won motions to suppress evidence, including drugs, in many local courts including Concord, Cambridge and Peabody District Courts. If you want experience and results on your side, contact Attorney McCarthy at 978-975-8060 or online, and she will get back to you immediately.

Defending A Massachusetts Gun And Weapon Charge At Trial

In the event that these cases go to trial, there are a number of defenses that can be successfully employed in Massachusetts. For example, often the prosecution will charge a number of people in a car with illegal possession of a firearm. A viable defense for a client in this situation is that he or she was merely present in the vehicle, that he or she did not know that the weapon was there, and accordingly was not in possession of it. When the government proceeds under a theory of “constructive possession,” it must demonstrate that the defendant had possession and the ability to control the gun. If the item was found in the trunk, glove box or under a car seat, there is a strong argument that the passengers and perhaps the driver did not know it was there and did not have the ability to control the gun. Other viable grounds of defense include that the confiscated gun does not meet the legal definition of a firearm and that it is not capable of firing.

Hire Former Prosecutor And Experienced Gun And Weapons Attorney

If you are facing the possibility of facing time behind bars and want over twenty-five years of experience on your side, contact Attorney Kathleen M. McCarthy online or at 978-975-8060. She will fight for your freedom, as she has done for all of her clients for a quarter of a century.

Guns And Weapons Penalties

In Massachusetts, the charge of illegal possession of a firearm without a Firearm Identification [FID] Card carries a mandatory minimum sentence of eighteen months in prison. The charge of illegal possession of ammunition routinely is associated with this offense. Massachusetts General Laws Chapter 269 §10 (a) punishes whoever knowingly has in his or her possession or knowingly has under his or her control in a car a firearm, loaded or unloaded, who does not have an FID card. A mandatory minimum sentence is one that the judge cannot suspend or otherwise decrease. This offense is a felony, meaning that it also has the potential for a state prison sentence, which in this case is up to five years. This offense is routinely referred to as a “10 (a) violation” or illegally “carrying” a firearm.

There is another related charge outlined in Massachusetts General Laws Chapter 269 §10 (h) of illegal possession of a firearm. Conviction under this segment of the statute does not have a mandatory sentence associated with it. This offense is often referenced as a “10(h) violation.”

Obviously, being charged with these types of crimes is very concerning and should not be taken lightly. Anyone facing this type of crime is at risk of losing his or her liberty in the event of a conviction.

If you are facing this type of charge, contact Attorney McCarthy online or at 978-975-8060 and she will examine the specific facts of your case and develop a defense strategy for you.