Constructive Possession: Understanding the Law
In Massachusetts, even being in the wrong place at the wrong time can lead to serious firearm charges. One common issue in these cases is constructive possession. Simply put, if you are in a car with a firearm, regardless of whether you actually touched or owned it, you can be charged with possession. This concept can be a tricky legal matter, as it requires the Commonwealth to prove shared intent to possess the firearm.
At Angiulo Law, we don’t just accept the evidence at face value. We scrutinize police reports, examine photographs, and review body-worn camera footage to determine whether the Commonwealth can truly prove that you had any intent to possess the firearm. If there’s doubt, we’re ready to take the case to trial and vigorously defend you.
Navigating the Rapidly Changing Laws
The laws surrounding firearms in Massachusetts are constantly evolving, and even lawful gun owners can find themselves facing charges due to misunderstandings or mistakes. Whether it’s carrying a firearm without the proper license or failing to store a gun correctly, the consequences can be severe.
Additionally, mistakes made by law enforcement, such as unlawful searches or improper handling of evidence, can also play a significant role in your defense. Being able to identify and explain these mistakes is often what sets a winning defense apart. At Angiulo Law, we stay on top of the ever-changing laws and use our knowledge to ensure your case is presented in the best possible light.
The Importance of a Trial Advocate
With mandatory minimum sentences at stake, you need an attorney who is not only knowledgeable about the law but also prepared to go to trial if necessary. At Angiulo Law, we are ready to advocate for you in court. Whether your case can be resolved through negotiation or needs to be fully litigated, we’ll stand by you every step of the way, ensuring that your rights are protected and that you have the best chance for a favorable outcome.
Common Firearm Charges and Possible Sentences
Massachusetts law covers a wide range of firearm-related offenses in Chapter 269, and each carries its own penalties. Here are some of the charges you may face:
Carrying a Firearm
Section 10(a) violations: this charge can result in severe penalties, including mandatory minimum prison time, depending on whether you have a valid license.
Improper Storage of a Firearm
Section 131L: If a firearm is stored improperly, especially in the presence of minors, it can result in charges and mandatory penalties.
Carrying a Firearm While Under the Influence
Section 10H: Being caught carrying a firearm while intoxicated or under the influence of drugs can lead to criminal charges, with significant legal consequences.
Large Capacity Firearm Violations
10(m) violations: Possessing a large capacity firearm without the proper licensing can result in heavy fines and prison time.
Defaced Firearm
Section 11C: If a firearm’s serial number has been altered or removed, it becomes a serious criminal offense.
Ammunition Charges
Section 10: Possessing ammunition illegally or having it in connection with a firearm offense can also result in criminal charges.
Each of these charges carries serious legal consequences, and a conviction can affect your future for years to come. With mandatory minimum sentences in play, it’s important to have an experienced advocate on your side who can fight for the best possible outcome.
Why Choose Angiulo Law for Your Firearm Case?
Experienced Trial Advocacy
With a deep understanding of Massachusetts firearms laws, Attorney Angiulo is ready to fight for you in court, whether your case can be resolved through negotiation or requires a full trial.
Thorough Investigation
We carefully examine all evidence, including police reports and body cam footage, to ensure the Commonwealth can meet its burden of proof.
Knowledge of Changing Laws
As Massachusetts gun laws evolve, we stay ahead of the curve, ensuring your defense is based on the most up-to-date information.
