Boston Office
Salem Office
Written By: Matthew W. Peterson
Published: 04/05/2022
Share Us:
In 1998, the Massachusetts State Legislature enacted the Armed Career Criminal Act in Massachusetts. Under this statute, a person who possesses a firearm and has previously been convicted of a “violent crime” or “a serious drug offense” will receive additional prison time.
The firearm offenses that trigger the ACCA apply to possession of a firearm without a license, whether inside or outside the home, possession of a machine gun, and even possession of ammunition. If you’re charged with possessing a firearm after having a serious criminal record, you could be facing additional consequences under the ACCA.
The ACCA is a standalone crime that carries severe penalties, but the Law Office of Matthew W. Peterson is here to help fight for you. If you think this statute may apply to you in your case, it is very important that you hire a skilled and experienced criminal defense attorney.
What is considered a “violent crime” according to the Armed Career Criminal Act casts a very wide net, and is defined as any crime punishable by imprisonment for a term of over 1 year that “(i) has as an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; (iii) involves the use of explosives; or (iv) otherwise involves conduct that presents a serious risk of physical injury to another.”
The first provision, (i), is known as the “force clause” and has been limited by case law to only include cases where there is an intentional use of force. You should carefully review your prior offenses with your Massachusetts criminal defense attorney before accepting the consequences of the Armed Career Criminal Act.
The fourth provision, (iv), is known as the “residual clause” and was held to be unconstitutionally vague. Therefore, it does not apply.
A “serious drug offense” is defined as the manufacture, distribution, or possession with the intent to distribute a controlled substance, and whose potential sentence is at least 10 years.
The Armed Career Criminal Act in Massachusetts carries the following penalties:
Keep in mind, the above sentencing periods could be added to your prison sentence, you’re facing on other charges. Also, the prison time is a mandatory minimum, meaning you cannot be placed on probation or receive good time. It is a day-for-day sentence.
The above levels only apply to separate incidents. This means that if your prior convictions resulted from one incident, it only counts as one offense for the calculation.
Juvenile convictions also count for the ACCA in Massachusetts.
If you are charged with a gun crime, having prior convictions can significantly complicate your case. Even worse, it could result in more time in prison. If you have been charged with a firearms offense and have a criminal record, you need an experienced criminal defense attorney to help argue your case. The Law Office of Matthew W. Peterson have taken on hundreds of criminal defense cases throughout my career. We commit to fighting for all of my clients. Call or text the Law Office of Matthew W. Peterson today at (617) 295-7500, and let’s get started on your defense!
The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
Our Locations
Boston Office
(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links
The Right Strategy to Win Your Criminal Case
Disclaimer: Although I am an attorney, I am not your attorney. Please do not rely on anything on our website as legal advice because any specific advice would depend on your situation. Any results posted on this page are not guarantees of outcomes in your case.
Our Locations
Boston Office
(Cheap parking! We validate parking at 136 Blackstone St, Boston, MA 02109 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links