How Do I Win My Gun Case?

Written By: Matthew W. Peterson

Published: 10/18/2021

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Importance of an Experienced Attorney

To win your gun case, you need an experienced criminal defense attorney. Otherwise, you could be facing harsh Massachusetts gun laws, with mandatory minimums and other penalties. At the Law Office of Matthew W. Peterson, we are here to help and guide you in legal matters, especially in firearms and gun rights.

Varied Defenses in Gun Cases

The defense strategies to a gun case in Massachusetts are varied. You need a lawyer to help present these defenses. If you do not win your gun case, Massachusetts gun charges carry serious penalties. Even a first-time gun charge carries a mandatory minimum of 18 months in the House of Correction. This must be served day-for-day.

Illegal Seizure Argument

First, you could argue that the gun was illegally seized. Your attorney would need to file a motion to suppress to argue this. Typically, a judge would decide whether you were illegally searched after a hearing.

Definition of Firearm

Second, your attorney could argue that the firearm was not a gun according to Massachusetts law. This means that the firearm does not work properly or is otherwise not a real firearm.

Possession Argument

Third, a firearms attorney could make the argument that you did not possess the firearm. You could be charged through constructive possession, which is a complicated area of law. This is another way you could win your gun case. The Law Office of Matthew W. Peterson has successfully won this argument in jury trials at both Chelsea District Court and the Dorchester Division of the Boston Municipal Court for clients facing firearm charges.

Consequences of Gun Charges

Gun charges in Massachusetts carry strict penalties. They can carry mandatory jail time, pretrial detention through dangerousness, and immigration consequences. Without an attorney, it becomes much tougher to win your gun case in Massachusetts.

Experience Matters

The Law Office of Matthew W. Peterson has experience defending people charged with gun crimes across Massachusetts. Call or text us today at (617) 295-7500, and let’s get started on your defense.

Frequently Asked Questions (FAQs)

1. What are the penalties for gun charges in Massachusetts?

In Massachusetts, gun charges can carry severe penalties, including mandatory minimum sentences. For a first-time gun offense, you may face a mandatory minimum of 18 months in the House of Correction, which must be served day-for-day. Additional penalties may include pretrial detention and immigration consequences.

2. How can an attorney help with my gun case?

An experienced criminal defense attorney can help you navigate the complexities of gun laws in Massachusetts. They can present various defense strategies, file necessary motions (such as a motion to suppress), and represent you in court to increase your chances of a favorable outcome.

3. What is constructive possession in relation to gun charges?

Constructive possession refers to a legal concept where an individual can be charged with possession of a firearm even if they do not have it on their person. This can occur if the firearm is found in a location that the individual has control over, such as their home or vehicle. This area of the law can be complex, and an attorney can help clarify your specific situation.

4. Can I argue that my firearm was illegally seized?

Yes, you can argue that your firearm was illegally seized. Your attorney would need to file a motion to suppress evidence based on illegal search and seizure claims. A judge will typically hold a hearing to determine whether the search was lawful.

5. What should I do if I am charged with a gun crime?

If you are charged with a gun crime, it is crucial to seek legal representation immediately. Contact an experienced criminal defense attorney who specializes in firearm cases in Massachusetts. They can guide you through the legal process, help build your defense, and work towards achieving the best possible outcome for your case.