Major Legal Victory: Client Cleared of Most Serious Charges in Essex County

Written By: Matthew W. Peterson

Published: 08/18/2025

Share Us:

In August 2025, Attorney Matthew Peterson achieved a significant victory for his client at Essex Superior Court in Salem, Massachusetts. After a four-day jury trial, the client was found not guilty of the most serious felony charges he faced, avoiding years in prison and mandatory minimum sentences.

He faced 3 felonies and a mandatory minimum sentence of 18 months in jail, but after trial, he was only convicted of a misdemeanor and sentenced to probation.

The Charges Our Client Faced

Our client was arrested following a domestic dispute at his home. The situation escalated when police arrived and found his wife with a large bruise above her eye. Our client faced several serious charges:

Assault and battery with a dangerous weapon (a kitchen pot) : This was a felony charge
Assault and battery on a family/household member: A misdemeanor charge
Carrying a firearm without a license
Carrying a loaded firearm

The firearm charges were particularly serious. Our client faced an 18-month mandatory minimum sentence for the unlicensed firearm charge, plus additional time because the gun was loaded.

How Police Obtained the Gun Evidence

After arresting our client at his home, police brought him to the station. They read him his Miranda rights – these are the warnings that tell someone they have the right to remain silent and the right to an attorney. The officers told our client they would not ask him any questions.

Later that evening, however, police began asking what seemed like routine booking questions. Hidden among these normal-sounding questions, they asked about a potential firearm in a car at his home. This was deceptive because they had promised they wouldn’t question him. Our client, thinking these were just standard booking procedures, admitted the gun was his and told police where to find it.

Our Legal Strategy

We worked diligently for our client using two main approaches:

Fighting the Gun Evidence

First, we filed a motion to suppress, which is a legal request asking the judge to exclude evidence that was obtained improperly. We argued that our client’s statement about the gun should not be allowed in court because:

Police had told him they wouldn’t ask questions
Then they used a trick to get him to talk anyway
This made his waiver of his Miranda rights invalid

Unfortunately, the judge denied our motion, meaning the evidence could be used at trial.

Two Innovative Trial Defenses

At trial, we presented two creative legal arguments:

Defense #1: The Voluntariness Doctrine

We used a legal concept called “voluntariness” to ask the jury to ignore our client’s statement about the gun. Under this principle, juries can decide not to consider statements that police obtained through trickery or deception. We argued the jury should reject the gun evidence because officers broke their promise not to question our client, then disguised their real questions as routine booking procedures.

Defense #2: New Resident Exemption

Massachusetts law has a 60-day grace period for new residents to get proper gun licenses. We argued our client qualified for this exemption because:

He had recently moved from New Hampshire
Even though he had lived in several places in Massachusetts, he didn’t have a permanent address
This could make him technically a “new resident” under the law

More importantly, we argued that the prosecution had not proven beyond a reasonable doubt that our client wasn’t a new resident. In criminal cases, the prosecution must prove every element of their case beyond a reasonable doubt – the highest standard in our legal system.

The Verdict: A Major Win

After four days of trial, the Essex County jury delivered its verdict. Our client was found not guilty of all the serious charges:

Not guilty of assault and battery with a dangerous weapon (felony)
Not guilty of carrying a firearm without a license
Not guilty of carrying a loaded firearm

The jury found him guilty only of the misdemeanor charge of assault and battery on a family/household member – the least serious charge he faced.

What This Victory Means

This result was extraordinary for several reasons:

Avoided Mandatory Prison Time: Our client escaped the 18-month mandatory minimum sentence for the gun charge, plus additional time for the loaded firearm.
No Felony Conviction: By beating the dangerous weapon charge, our client avoided a felony on his record, which would have affected his employment, housing, and other opportunities for years to come.
Successful Creative Defense: The jury’s verdict shows they were persuaded by our innovative arguments, particularly regarding the new resident exemption for gun licensing.

Understanding Your Rights

This case highlights important lessons about interactions with police:

You have the right to remain silent, even after arrest
Police sometimes use tactics to get people to talk, even after saying they won’t ask questions
Having an experienced attorney who understands these tactics can make all the difference

If you’re facing criminal charges, especially serious ones like weapons or assault charges, you need a Massachusetts criminal defense attorney who will fight creatively and aggressively for your rights. Every case is different, and the right legal strategy can mean the difference between years in prison and going home to your family.

Contact us now to set up a strategy session and take the first step toward protecting your future and achieving the outcomes you deserve.

The outcome of any legal case depends on the specific facts and circumstances involved. Past results do not guarantee future outcomes.