Expert DefenseFirearm offenses have the potential to cause severe consequences to a criminal defendant. First, firearm offenses may qualify as predicate offenses under the dangerousness statute, MGL c. 276 §58A. Second, if a defendant has certain prior convictions, the Commonwealth may seek to prosecute the case under the armed career criminal statute, MGL c. 269 §10G. And third, some firearm offenses upon conviction require mandatory minimum jail time. Attorney Patrick M. Gioia has successfully represented defendants charged with firearm offenses throughout Massachusetts, including in the areas of: 58A, ACC, possession, carrying, and sales of firearms. Contact Attorney Gioia for expert counsel that you can depend on.
Firearm offenses in Massachusetts are prosecuted under General Law c. 269. Because of the potential for severe consequences, skilled counsel is required to navigate a firearm prosecution successfully. Every element of the offense must be evaluated to determine whether it is vulnerable to legal challenge.
First, the lack of a firearm license will be assessed. Second, a determination will be made whether the alleged firearm meets the legal definition of a workable firearm. Third, the defendant’s so-called possession will be evaluated. Evaluation of possession will include a determination of the place where the Commonwealth alleges the defendant possessed the firearm; the defendant’s ability to exercise control and dominion over the firearm; and the defendant’s knowledge. Finally, the viability of a motion to suppress will be weighed. Whether police seized the firearm pursuant to a warrant or as a result of a warrantless search, the search and seizure should be scrutinized for potential violations of individual rights under the United States Constitution and Massachusetts Declaration of Rights. At a motion to suppress hearing, the defense will move to suppress the firearm as evidence due to illegal police conduct. If the motion is allowed, the prosecution often cannot go forward.
Attorney Patrick M. Gioia has successfully litigated firearm offenses throughout Massachusetts and has achieved measured and sustained success in the courtroom. Call Attorney Gioia today for trusted counsel you can count on.