Weapons Possession Attorneys Boston MA
The best weapons possession attorneys in Boston MA are ready to fight for you. Skilled criminal defense attorneys at Leon & Davis have a comprehensive understanding of the law surrounding search and seizure of weapons.
Weapons Possession Defense in Massachusetts
Massachusetts has some of the strictest weapons possession laws in the United States. It’s essential to understand these laws to navigate your defense effectively. Illegal weapons possession can include firearms, knives, and other prohibited items. The Massachusetts General Laws Chapter 269 outlines the specifics of illegal possession and the associated penalties, which can include hefty fines, imprisonment, and a permanent criminal record. Leon & Davis weapons possession attorneys specialize in defending individuals accused of illegal weapons possession in Boston and across Massachusetts. We understand the severe consequences these charges can bring and are dedicated to providing top-tier legal representation.
What is Weapons Possession Crime in Massachusetts?
Illegal weapons possession means that you own or carry dangerous weapons without a license. Unlawful weapons possession includes different weapons considered dangerous by the law. A gun charge for carrying a gun without a permit is the most frequent weapons possession crime in MA. However, Massachusetts also criminalizes the possession of many types of knives and numerous other objects such as brass knuckles or self-defense spray. You could be charged with illegal weapons possession for carrying a knife. Weapons possession crimes are viewed as very serious offenses by prosecutors. Convictions often carry mandatory minimum prison sentences.
Common Types of Weapons Possession Charges
There are many types of charges that can be brought against individuals accused of illegal weapons possession. The most common weapons possession charges are:
- Illegal possession of firearms: Owning or carrying a firearm without the proper licensing.
- Possession of a firearm without a license: A serious offense that can lead to significant penalties.
- Carrying a loaded firearm in public without a permit: This charge carries severe consequences, especially in densely populated areas like Boston.
- Possession of assault weapons and other prohibited items: Massachusetts bans certain types of weapons, and possession of these can lead to severe legal repercussions.
What are the Penalties for Weapons Possession Crime in Massachusetts?
Weapons possession conviction penalties are frequently enhanced by aggravating factors. Prosecutors will often add these factors to a weapons possession charge. Common aggravating factors include prior convictions for illegal weapons possession, drug distribution, and most crimes involving violence. For example, a second-time gun charge carries a mandatory 5-year jail sentence. Even a relatively minor offense committed many years in the past can result in decades of additional mandatory prison time due the law considering it to be an aggravating factor. Your sentence will increase significantly if you are convicted of possessing a firearm without a license and your prior record includes aggravating factors.
Time is of the essence in weapons possession cases.
Call Leon & Davis today for a free consultation.
Other Types of Weapons Crimes in MA
In addition to illegal weapons possession, individuals may be charged with other weapons crimes, including:
- Unlawful Sale or Transfer of Firearms: Selling or transferring firearms without proper authorization.
- Carrying a Dangerous Weapon: Violations related to carrying concealed weapons or bringing weapons into prohibited areas.
- Use of a Firearm in the Commission of a Crime: Charges related to using weapons during other criminal activities, such as robbery or assault.
- Possession of Prohibited Weapons: Owning banned items like assault weapons, high-capacity magazines, or silencers.
- Weapons Trafficking and Smuggling: Involvement in the illegal transportation of weapons.
Legal Defense in Weapons Possession Cases
Weapons possession cases are often complicated but they can be won. A skilled criminal defense attorney will have a comprehensive understanding of Massachusetts gun laws and unlawful possession of weapons. You weapons possession lawyer will know how to apply those laws to your advantage in a firearms or illegal weapons case. For example, you may be able to have the weapons evidence suppressed by a court if it was improperly obtained. Even if the court determines that the evidence was lawfully obtained, your attorney may be able to persuade the jury that the weapon was possessed by another person or that the weapon does not qualify as an illegal weapon under the statute.
8 Defense Strategies in Weapons Possession Cases in MA
1. Challenge the Search and Seizure
Fourth Amendment Violations: If the search was conducted without a warrant or probable cause, any evidence obtained may be suppressed.
2. Lack of Knowledge
Unaware of Possession: Demonstrate that the defendant was unaware of the weapon’s presence.
3. Valid License or Permit
Proper Documentation: Show that the defendant had the appropriate licenses or permits for the weapon.
4. Questioning the Evidence
Chain of Custody Issues: Argue that the evidence was mishandled or tampered with.
5. Self-Defense
Justifiable Possession: Argue that the weapon was possessed for self-defense in a situation where it was necessary.
6. Entrapment
Induced by Law Enforcement: Prove that the defendant was coerced into possessing the weapon by law enforcement officials.
7. Mistaken Identity
Wrong Person Accused: Provide evidence that the defendant was not the person in possession of the weapon.
8. Unintentional Possession
Temporary Control: Argue that the defendant had temporary possession of the weapon without intent to own or control it.
Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney is crucial for building a strong defense in a weapons possession case in Massachusetts.
Why You Need a Weapons Possession Attorney
Navigating the complexities of weapons possession charges requires an attorney with specific expertise in this area. Weapons possession defense lawyers at Leon & Davis have decades of experience defending gun and weapons charges.
Leon & Davis weapons possession attorneys in Boston MA have had many cases dismissed based on violations of a client’s constitutional rights by law enforcement. We have convinced judges to suppress evidence on the grounds that search warrants were issued without sufficient evidence to support them. Our criminal defense lawyers have won acquittals at trial on client’s facing significant sentencing enhancements including the potential for life in prison.
- Experienced Legal Counsel: Our attorneys have a deep understanding of Massachusetts gun laws, weapons possession laws, and the criminal justice system.
- Strategic Defense: We develop robust defense strategies tailored to the specifics of each case.
- Proven Results: Our track record includes numerous successful defenses that have resulted in reduced charges or case dismissals.
Our Approach to Weapons Possession Defense
We adopt a comprehensive approach to defending weapons possession cases, which includes:
- Sense of Urgency: In a weapons possession case, it is crucial to begin collecting evidence immediately, before it is lost or removed. We begin working on your case without delay.
- Thorough Investigation: We meticulously examine all evidence, including police reports, witness statements, and any available surveillance footage.
- Personalized Defense Strategies: Each case is unique, and we develop tailored strategies that best suit the circumstances of our clients.
- Negotiation and Litigation: Our attorneys are skilled negotiators and litigators, ensuring the best possible outcome whether in or out of court.
Contact Leon & Davis today for a free consultation so we can take immediate action to help you achieve the best possible result in your weapons possession case.