Successful Defense: Weapons Possession Case Results
Boston MA
Your best weapons possession defense lawyer in Massachusetts is 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.
Firearms and Weapons Possession Case Results
by Leon & Davis Criminal Defense Lawyers
June 2021
Client was charged with Armed Career Criminal Level 2, Possessing a Large Capacity Firearm, and Carrying Firearm without License after a gun was found in his luggage during a security check at Logan airport. Client was facing a mandatory minimum prison sentence of 10 years as a result of the armed career criminal enhancement. Client gave a full statement to police explaining that he borrowed the bag from his brother before heading out on vacation; however, they still charged him. Attorney Leon’s investigation revealed that client’s brother had a valid license to carry a firearm and that he had inadvertently left the gun in the bag. Today, Attorney Leon was able to get all charges dismissed.
July 2020
Client was indicted for Armed Robbery and Assault and Battery with a Dangerous Weapon after robbing a woman of her money and jewelry after pointing a gun at her head and striking her in the face with it. The case involved a lengthy investigation involving cell phone location analysis. Client faced a 5-year mandatory minimum sentence if sentenced to prison and state sentencing guidelines called for a sentence of 5-7½ years. The prosecutor sought a term of incarceration in state prison. Attorney Leon persuaded a judge to sentence client to probation.
July 2019
Client was indicted for Carrying a Dangerous Weapon, Second Offense after he was pulled over by police and searched. He faced a mandatory minimum prison sentence of 5 years if convicted. Attorney Leon retained an expert in firearms and weapons from out-of-state who testified to the technical characteristics of the weapon at trial. Attorney Leon successfully argued that the weapon lacked the characteristics necessary to qualify as an operable weapon under the statute. Client was found Not Guilty after trial.
March, 2019
Motion to Suppress allowed and carrying a loaded firearm charge is dismissed for Attorney Davis’s client.
March 2019
Client was initially charged with shooting two women in their mid-forties in the South End. He was indicted only on Possession of a Firearm in the Commission of Felony, Possession of a Large Capacity Firearm, Carrying a Firearm, and Possession with Intent to Distribute Cocaine after the prosecutor decided he shot in self-defense. A police sergeant saw client running after hearing 2-3 shots fired and found him hiding behind a car bleeding from a gunshot wound along with a high-capacity pistol under the car. Client’s blood was on the gun and his fingerprint was on the gun’s holster that police recovered back at the scene of the shooting. Police determined that the gun and holster were sold as a set at a store and the buyer admitted to selling them to a man in Boston with a description that matched the client. Doctors found 13 bags of cocaine in client’s underwear during surgery. Client was facing a mandatory minimum prison sentence of 10 years if convicted of possessing the gun. However, he was only convicted on the drug possession charge after Attorney Leon attacked police investigation and used a necessity defense to argue to the jury that client only possessed the gun because he disarmed the shooter after he was shot and ran away with it to prevent further injury. Client was found Not Guilty of all gun charges after the jury trial.
December 2018
Client was indicted for Possession of a Sawed-off Shotgun after he was a passenger in a car with 3 other men that was pulled over for an inoperable headlight. Police found the gun at client’s feet. Attorney Leon attacked the police investigation at trial, including their failure to conduct forensic testing on several areas of the gun, and convinced the jury that the gun belonged to one of the other passengers who wasn’t indicted. Client was facing life in prison and the jury found him Not Guilty.
November 2018
Client was indicted for Armed Career Criminal Level 2, Possession of a Firearm in the Commission of Felony, Possession of a Large Capacity Feeding Device, Carrying a Firearm without a License, and Possession with Intent to Distribute Cocaine. Client was found shot in the street along with another man who was shot twice on another street. Police found a gun next to client with his fingerprint on the magazine inside it. Client was initially charged with shooting the other victim but was indicted only on possession counts after deciding that it was in self-defense. Police seized his clothing at the hospital and found 16 bags of cocaine. The prosecutor’s theory at trial was that client showed up at a party with the gun and drugs for sale before leaving to engage in a shoot-out with another man or men. Attorney Leon challenged the adequacy of the police investigation and argued that client and the other man were ambushed by the shooter and that he touched the bottom of the magazine with his left hand in a struggle for the gun. Client was facing a mandatory minimum prison sentence of 10-15 years if convicted of possessing the gun due to the Armed Career Criminal Enhancement and a mandatory minimum of 10 years if convicted of possessing it in the commission of a felony. The jury only convicted him of possessing the drugs and clip with ammo inside as they could not reach unanimous verdicts on the firearm indictments. The prosecutor did not seek to retry client so he was only sentenced for the drugs and clip and avoided the firearm convictions. Thus, client was spared over a decade in prison as a result of obtaining the hung jury at trial.
October 2018
Client was indicted for Carrying a Firearm without a License Second Offense and Carrying a Loaded Firearm when police found a gun under his seat after stopping a car. Client was seen reaching towards floor and repeatedly ignoring officer commands to show him his hands. There was another man in the car and a woman was driving. Police were monitoring Snapchat earlier in the evening and saw what appeared to be a gun on a table in front of client in one video immediately after viewing another Snapchat video where client and the other man were filming themselves outside of Boston Bowl with client stating “pull up and get shot.” The video was posted approximately an hour before police went to Boston Bowl. Client was facing a mandatory minimum sentence of 5 years in state prison. Attorney Leon was successful in excluding the incriminating Snapchat videos at trial and the jury found client Not Guilty on all counts.
September 2018
Client was indicted for Armed Career Criminal Level 2, Carrying a Firearm without a License, and Carrying a Loaded Firearm after police saw him buy a gun from his friend in the driveway of his friend’s home during a surveillance operation. Police pulled client over after he left and he consented to a search of his car. He was facing a mandatory minimum prison sentence of 10 years as a result of the armed career criminal sentencing enhancement. The prosecutor made a plea offer of 4-5 years in state prison in exchange for dropping the sentencing enhancement. Attorney Leon filed a motion to suppress the stop and search of client’s car and persuaded a judge to allow the motion after exposing the improprieties in the police surveillance and testimony at an evidentiary hearing. As a result, all of the evidence was thrown out and the case was dismissed.
July 2018
Client was charged with Possessing a Large Capacity Firearm, Carrying a Firearm without a License, Carrying a Loaded Firearm, and Possession with Intent to Distribute Marijuana. He was accused of possessing a high-capacity pistol with hollow tip rounds after police stopped the car he was in and found the gun. Police saw the car circling a housing development in South Boston after receiving a call for shots fired at that location hours earlier. Police set up surveillance before stopping the car and found a black ski mask in client’s pocket along with the gun and drugs in his bag after he consented to a search. Police also found a scale, plastic bags, and a drug ledger in the bag. Attorney Leon filed a motion to suppress the stop and search of the car and persuaded a judge to allow it after an evidentiary hearing arguing that police had no basis to stop the car despite the report of a gang-related shooting taking place earlier and the car circling that same area. As a result, all the evidence was suppressed and the case was dismissed.
November 2017
Client was charged with Armed Career Criminal Level 1, Carrying a Firearm without a License, OUI-Liquor, and Unlicensed Operation of a Motor Vehicle after police found a gun in his car after they pulled him over for erratic driving and swerving into the opposite travel lane multiple times. Client was slurring his words, had a strong odor of alcohol on his breath, and his eyes were glassy and bloodshot. He failed all four field sobriety tests he was given by police, including the walk-and-turn, one-leg stand, and counting exercise. Client agreed to take a breathalyzer test and registered a 0.21, almost three times the legal limit. He admitted to drinking half a bottle of liquor and that he did not have a license to carry a firearm. Client faced a mandatory minimum prison sentence of 3-15 years if convicted on the gun charge due to the armed career criminal sentencing enhancement. Attorney Leon convinced the prosecutor to dismiss the gun charges two months after arraignment after his pretrial investigation revealed exculpatory information showing that client did not possess the gun and was unaware of it as he had only recently purchased the car. At trial, Attorney Leon successfully excluded the 0.21 breathalyzer reading and client was found Not Guilty on all remaining charges after trial.
October 2017
Client was indicted for Armed Career Criminal Level 2, Possessing a Large Capacity Firearm, Carrying a Firearm without a License, Carrying a Loaded Firearm, and Possessing Ammunition after police stopped his car for a civil infraction. Police decided to tow the car because client’s license was suspended. Client was facing a mandatory minimum prison sentence of 10 years as a result of the armed career criminal sentencing enhancement. Attorney Leon filed a motion to suppress the stop and search of client’s car and persuaded a judge to allow the motion on the grounds that the police violated their inventory policy as well as the procedure for impounding the car and having it towed. As a result, all of the evidence was thrown out and the case was dismissed.
January 2017
Client was charged with Possessing a Large Capacity Firearm, Carrying a Firearm without License, and Carrying a Loaded Firearm after police stopped his car and searched him based on a tip from a confidential informant. Attorney Leon filed a motion to suppress the stop of the car as well as a discovery motion challenging the informant’s privilege and seeking additional information on the informant which a judge ordered the prosecutor to provide after a hearing on the motion. The prosecutor responded by moving to dismiss the case because the district attorney’s office was not comfortable turning over the information on the informant. As a result, the case was dismissed.
December, 2016
Attorney Davis’s client was charged with trafficking of narcotics and firearms. At trial, the case was dismissed.
September 2016
Client was indicted for Armed Assault to Murder, Carrying a Firearm without a License Second Offense, and Carrying a Loaded Firearm after being accused of shooting a man and then firing shots at an undercover police officer who was in pursuit. Attorney Leon investigated the case and uncovered evidence showing that client was ambushed by the man he shot and that his actions were done in self-defense. The evidence also showed that client was misidentified as the person who shot at the officer and that he was illegally carrying a firearm for protection due to increased gang-violence in his neighborhood, including a shooting in which he was the target. This information was presented to the prosecutor and client was then offered and accepted 2 years of probation in a plea deal to a reduced charge of unlawful possession of ammunition.
May 2016
Client was charged with Breaking and Entering with Intent to Commit a Felony, and Carrying a Dangerous Weapon arrested inside of an abandoned building and was carrying a BB gun. Attorney Leon investigated the case and discovered that client had been hanging out in the house with a few of his friends listening to music. He presented his findings to the prosecutor and convinced the prosecutor to dismiss the case because there was no intent to commit a crime even though they had broken into the building. He also explained that client did not require a license to carry the gun given his age and the prosecutor conceded that the charge should never have issued. The case was dismissed.
April 2016
Client was charged with Armed Robbery, Carrying a Dangerous Weapon, and Possession with Intent to Distribute Heroin as a Subsequent Offense after he was accused of trying to rob two people after an alleged drug deal gone bad. A police officer observed what he believed was a drug deal and then saw client swing a knife in the direction of another man after they began arguing. Police announced their presence and the other man ran off; however, client dropped his knife as requested and complied with police. Attorney Leon investigated the case and conclusively established that client was buying drugs from the man who ran off and that he was acting in self-defense when that man tried to rob him of his money. Attorney Leon provided the results of his investigation to the prosecutor who agreed that client appeared to be the victim in a drug deal gone wrong and then filed a motion to dismiss the case. The case was dismissed.
March, 2015
Attorney Davis’s client was charged with, among other things, carrying a loaded firearm and being an armed career criminal. After several hours of deliberation, the jury returned not guilty verdicts on all counts.
September, 2014
Attorney Davis’s client was charged with possession with intent to distribute cocaine, a school zone enhancement, and possession of ammunition. After jury trial, Attorney Davis’s client was acquitted of all charged accounts and found guilty only of the lesser included offense of straight possession. Attorney Davis’s client received no jail time or probation.
February 2014
Client was charged with Carrying a Dangerous Weapon and Resisting Arrest after he was arrested for carrying what police believed to be an illegal knife. He then allegedly resisted arrest as police were trying to subdue him. Attorney Leon was able to get the case dismissed at arraignment.
November 2013
Client was charged with Carrying a Dangerous Weapon after police found a weapon on him during a search. The client had the weapon for protection because he had recently been assaulted in his neighborhood. Attorney Leon obtained documentation and explained client’s situation to the prosecutor. He convinced the prosecutor and judge to agree to dismiss the case on $100 in court costs and forfeiture of the weapon. The case was dismissed.
March 2013
Client was charged with Carrying a Dangerous Weapon and Possession of Marijuana after he was pulled over by police and they found a weapon and drugs during a frisk of the car. Police smelled a strong odor of marijuana and ordered client out of the car for officer safety reasons because they believed he provided evasive answers and appeared to be concealing something. Client was facing a mandatory minimum sentence of 2½ years in state prison due to his prior conviction for carrying a dangerous weapon (sawed-off shotgun) 15 years earlier. Attorney Leon filed a motion to suppress the stop of the car and subsequent search. The motion was allowed after an evidentiary hearing and all evidence illegally seized by police was thrown out and the case was dismissed.