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July 21, 2024, 10:36 pm

While the most serious weapons offenses involve guns, Massachusetts law prohibits the possession of other potentially dangerous weapons. It is not to be used to resolve petty arguments etc, it is only to protect innocent life that is in imminent and immediate jeopardy. The weapon was stolen from the room. 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. Most likely that wouldn't happen if the evidence and witness statements support the evidence, but I need to keep you always thinking about, what if? How Do I Win My Gun Case. The defendant admitted that he did have a gun.

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How To Beat A Gun Charge In Massachusetts Laws

So instead of asking, "Can I shoot? The next time you appear in court, it will be downtown in the Central Division of the Boston Municipal Court Department (The Edward Brooke Courthouse, commonly referred to as the "BMC"). How to beat a gun charge in massachusetts travel. Once the threat is stopped and no longer posses a threat to you, you MUST also stop your attack! Good question and another topic that needs to be addressed. Simply put if you use your gun to protect your life and you accidentally shoot an innocent by stander, that intent is transferred from your intended target (your attacker) to the innocent victim you killed.

He retained Attorney Stephen Neyman to seal the dismissal under G. 276 Section 100. The trial was delayed significantly due to COVID. One of the charges, G. 269 Section 10(a) carries a mandatory eighteen month jail sentence. As officer approached the home they saw a crowd of people quickly disbursing. It was a very stressful event and they certainly put me at as much ease as possible.

Gun Crimes In Massachusetts

She was arrested and charged with five counts of possession of a firearm under G. 269 section 10(h) and improper storage of a firearm under G. Gun crimes in massachusetts. Our office was retained to represent the woman. The defendant was driving a motor vehicle in a Massachusetts city. For more information on assault and battery, see Massachusetts Assault and Battery Laws. Gun Charges Against Local Man Dismissed Following Successful Motion to Suppress Unlawful Stop Search and Seizure.

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Carrying or Possession of a Firearm. For example, a conviction for carrying a gun without an F. I. D. card carries a minimum sentence of 18 months in jail. In some situations, a conviction results in a mandatory minimum sentence. The man, a well known financial analyst was charged with these crimes and hired our office. The prosecution will push hard and the penalties are stiff if you are convicted. The defendant is from Maine. This article discusses assault and battery with a dangerous weapon. Both defendants were charged with possession of ammunition under G. Attorney Neyman was hired and successfully moved to continue the arraignment. Just because they are in your house without your permission does not give you the justification to shoot them. How to beat a gun charge in massachusetts laws. Charges of Assault and Battery by Means of a Dangerous Weapon Being a Gun Against Restaurant Owner Dismissed. 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 investigated.

Gun Laws In Massachusetts Explained

For example, an assault that is committed by a person who is armed with a dangerous weapon and breaks into someone else's house in order to commit another felony (such as rape or kidnapping) is punished by a very long prison term. Illegal Gun Possession Defense Attorney. If you are charged with breaking and entering, you could be issued a citation to a clerk magistrate's hearing, or you could be arrested, depending on the facts and whether or not the police claim to have witnessed the incident, and if it is a felony or misdemeanor. The police questioned the defendant who denied the attack. If so, call us for a free consult or visit the link below: The car was stopped by the police. Today, following an argument on a motion to dismiss all charges were dismissed.

It was later determined that the defendant did not have the requisite license to carry the weapons. The prosecution alleged that in late November of 2013 Boston police responded to a Dorchester address for a disturbance at a party. The defendant served in the military and completed four tours of active duty in Afghanistan and Iraq. Charges of Possession of Large Capacity Firearm and Feeding Device Dismissed Against Local College Student, Other Charges Still Pending. After a short probationary period the charges will be dismissed. Massachusetts Firearms / Weapons Offenses - MA Gun Laws & Penalties. In New Hampshire: Stand Your Ground Law.

Often, the weapon was seized from your home or automobile, both places stringently protected by the Fourth Amendment. A recent trial win by Attorney Simons was covered by ABC news (see below for clip). He will ask himself if he will be able to convince 12 reasonable people (the jury) that your actions were not justified and will he be able to convince those same 12 people that you acted recklessly or that your actions were excessive or unnecessary? Most States, even the most anti-guns states out there allow you to protect your life and the life of your loved ones when it is justified. Attorney Stephen Neyman was hired to defend the man. It is law in certain jurisdictions within the United States. Possession of a firearm while found to be under the influence of drugs or alcohol is a misdemeanor in Massachusetts punishable by up to two and a half years in jail and a heavy fine, even if the person is licensed to carry that firearm. The man was charged with violating G. 269 section 10(h), leaving a firearm unattended, possession of a firearm without an FID card, G. 269 section 10(h) and possession of ammunition under G. 269 section 10(h). A conviction for assault or assault and battery with a dangerous weapon can result in time in jail or prison, a fine, and a serious criminal record. With each case he takes on, he continues that legacy of excellence. Common Defenses to Gun Possession in Massachusetts. These include: - Constitutional attacks on the authority of the police to make an arrest, search a vehicle, order you from the car or search your house. He was properly licensed to carry that firearm in his state of residence but not in Massachusetts.

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. There are several elements to a legitimate self defense shooting and they must all be present simultaneously in order for you to be some-what confident that the DA will not press criminal charges against you. Mandatory minimum sentences are widely criticized because they can result in great injustice. In the nighttime enters without breaking, or breaks during day time with intent to comit a felony.

Carrying a shotgun, or long-gun, in public is also further abuse of the weapons laws. The defendant and the man who fled were both charged with unlawful possession of a firearm in violation of G. This statute has a mandatory minimum eighteen month jail sentence for anyone convicted of this crime. Charges of Possession of a Firearm and Improper Storage of a Firearm and Possession of Ammunition Against Pharmaceutical Scientist to be Dismissed. 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. Generally, mandatory retreat laws apply to every situation, except when the victim is in his own home. Possession of a firearm while committing or attempting to commit a felony carries a 5-year mandatory minimum. Knowledge of the weapon--- the prosecution must prove you knowingly possessed the weapon. The purpose of these models is to clarify, both for officers and citizens, the complex subject of use of force. I wrote a book on winning cases at clerk magistrate's hearing.

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