Unlawful Possession of a Firearm
Boston Gun Possession Charge Attorney serving Massachusetts and the Greater Boston area including South Boston, Brockton, Cambridge, Somerville, Quincy, New Bedford, Taunton, Attleboro, Lowell, Woburn, Medford, Waltham, Wareham, Lynn, Lawrence, Wrentham, Dedham, Salem, Fall River, Brookline, Chelsea, Worcester, Framingham, Everett, Revere, Dorchester and Roxbury and all smaller cities and rural areas in Massachusetts.
Brockton / Greater Boston Area Weapons Charges Defense Attorney
The unlawful possession of a firearm is a crime governed by M.G.L 269 section 10 (a). A conviction for the unlawful carrying of a firearm results in minimum 2 ½ years in state prison but not more than five years in state prison or at least 18 months but not more than two and one-half years in the house of corrections.
In order to prove unlawful possession of a firearm and get a conviction the prosecutor needs to prove the following:
- The defendant had physical possession of the firearm or had the ability to exercise control over the firearm;
- The firearm met the legal definition of a firearm. A firearm is pistol, revolver, or other weapon, whether loaded or unloaded, which has a barrel length of less than 16 inches from which a shot or bullet can be discharged;
- The defendant knew he had physical possession of the firearm or knew he had the ability to exercise control over the firearm.
Often times the passenger in a car will be charged with possession of a firearm even though they didn’t own the firearm and weren’t holding it. In situations where a firearm has been placed under the front seat of a car or in the center console police might charge every passenger in the car with possession of the firearm. However, in order to get a conviction the prosecutor will have to prove that the defendant knew that the firearm was under the seat or in the center console, the defendant had the ability to get control of it and that the defendant intended to get control of it.
Charged With illegal possession of a gun? Call 508-584-6955 For A Free Initial Consultation
If you are being charged with illegal or unlawful possession of firearms you need an aggressive and experienced attorney to ensure your rights aren’t being violated. No matter where you are located in Southeast Massachusetts, our expert weapons charges defense attorneys are a phone call away.
To schedule a free, no-obligation case review and free consultation with an experienced Brockton / Greater Boston Area, MA Criminal Defense Trial Lawyer call our law offices at (508) 584-6955.
Call our law offices today and rest assured you will have taken your first step to find out how best to confront the charges you are facing and in ensuring your constitutional rights are not violated. You can also use our Free Case Evaluation Form to submit information about your case in confidence, or to request that we contact you.