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- Unlawful possession of a firearm
- Subsequent offenses
- Armed career criminal
Every crime has legal elements. Elements are the pieces which the government is required to prove beyond a reasonable doubt. Each element must be proven beyond a reasonable doubt before a conviction can occur. The following is a summary of the elements for this sample of a few frequently charges firearm offenses.
Unlawful Possession of a Firearm: Carrying a firearm without a license requires the prosecutor to prove the following elements: (1) knowing possession of a firearm as defined under MGL ch. 140, § 121; (2) not being present in your residence or place of business; (3) and not having a license to carry a firearm or otherwise being authorized by law to do so. In Massachusetts this is a felony offense punishable by a mandatory minimum of 18 months in the House of Correction or a mandatory minimum of 2 ½ years in State Prison. Note: The statute provides enhanced penalties for certain circumstances which result in increased mandatory minimums and maximum sentences. Contact Massachusetts Gun Defense Attorney Jeff Miller to schedule a consultation.
Armed Career Criminal: MGL ch. 269, § 10G provides enhanced penalties for those charged with possession of a firearm who have previous convictions for certain violent crimes or serious drug offenses. There are three different levels of Armed Career Criminal, each resulting in an increased mandatory minimum sentence. Level One, not less than 3 years in state prison and not more than 15 years. Level Two, not less than 10 years in state prison and not more than 15 years. Level Three, not less than 15 years in state prison and not more than 20 years. Call Massachusetts Armed Career Criminal Defense Lawyer Jeff Miller to schedule an appointment.
Contact Jeff Miller, Boston’s Firearms Attorney, to schedule an appointment to discuss your case.