In Massachusetts, Assault with a Firearm is a serious criminal offense that involves the use of a firearm to threaten or physically harm another person. It is categorized under violent crimes and can be prosecuted under state law, specifically M.G.L. c. 265, § 15B. This offense typically occurs when an individual intentionally uses a firearm or points it at someone in a manner that could reasonably lead the person to believe they are in imminent danger of being shot or harmed.
This charge is distinct from other forms of assault, as it specifically involves the use of a weapon, in this case, a firearm, which greatly enhances the severity of the crime.
To secure a conviction for Assault with a Firearm, the prosecution must prove the following elements beyond a reasonable doubt:
If the prosecution fails to prove any of these elements, the defendant may not be convicted of assault with a firearm.
The penalties for Assault with a Firearm in Massachusetts are severe due to the violent nature of the crime. Depending on the specifics of the case, the following penalties can be imposed:
The court may also impose additional penalties or conditions such as probation, mandatory counseling, or community service.
With years of specialized experience, The Law Office of Matthew W. Peterson has established itself as the go-to Boston criminal defense attorney in Massachusetts.
Experienced Firearms Lawyers Ready to Fight for You
Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500
Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034
Office Hours
Mondays – Fridays
24/7 Support
Saturdays – Sundays
10:00am – 2:00pm
Time is critical when facing a charge as serious as Assault with a Firearm. This is not a crime to take lightly, and the longer you wait, the harder it may be to build a solid defense. Whether you’re facing immediate arrest, being questioned by law enforcement, or simply suspect that you are under investigation, you must act quickly.
Do not think that you can handle this on your own or wait for the situation to resolve itself. Contact a criminal defense attorney immediately. Your future, freedom, and rights are all on the line. The longer you delay, the more you risk an unfavorable outcome. Don’t let the state build a case against you without a powerful defense. Defend yourself today before it’s too late!
The key difference lies in the weapon used. Assault with a firearm specifically involves the use of a firearm, whereas aggravated assault may not necessarily involve a weapon or could involve a less lethal weapon.
Yes. Even if no physical harm occurred, pointing or threatening to use a firearm can result in an assault charge because it instills fear of imminent harm.
Assault with a firearm focuses on the threat or fear caused by the firearm, while armed robbery involves the use of force or threat to steal property.
Yes. A firearm does not need to be loaded to qualify as assault with a firearm. The fear and threat posed by a firearm, regardless of its loaded status, are sufficient.
Possible defenses include self-defense, mistaken identity, lack of intent, or the absence of a firearm. An experienced criminal defense attorney can help evaluate your case and determine the best strategy.
Experienced Firearms Lawyers Ready to Fight for You
Boston Office
55 Union Street, Suite 400 Boston, MA 02108
617-295-7500
Salem Office
15 Church St, Suite 105 Salem, MA 01970
978-607-0034
Office Hours
Mondays – Fridays
24/7 Support
Saturdays – Sundays
10:00am – 2:00pm
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 02108 (Haymarket, Parcel 7 parking garage), $3 for three hours.)
Salem Office
Quick Links