Gun Firearms Crimes

Gun crimes carry minimum mandatory jail time. In a typical case, police find a gun on a person, or in somebody's car or house. If more than one person is in the car or house, police typically charge everybody under a theory that the law terms "Joint Venture". The second scenario is usually when police are responding to an area because gunshots were fired and they round up the people nearby to charge them.

The typical charges include:

Carrying a firearm without a license: 1-2.5 years jail, 2.5-5 Prison, with a 1 year minimum mandatory jail/prison sentence. (The 1 year minimum does not apply if you are present with the weapon in your residence or business or have a license to carry a firearm for any purpose.)
Possession of Ammunition without a FID Card: up to 2 years jail.
Possession of a firearm without a FID Card: up to 2 years jail;
Discharging a firearm within 500 feet of a building: up to 3 months in jail.
Removing/obliterating a gun's serial number: not less than 1 month to 2.5 years jail.

How do drugs and violence get you more time on a gun charge?

You get punished more severely if you have prior convictions for drugs/violence. If convicted of carrying a firearm without a license or possession of ammunition without a FID Card AND you have:

Drug conviction for a "serious drug offense" or 1 conviction for a "violent crime" (juvenile records count) then you face: 3-15 years in state prison with a 3 year minimum mandatory prison sentence.
Drug convictions for a "serious drug offense" or 2 convictions for a "violent crime" (juvenile records count) or any combination thereof then you face: 10-15 years in state prison with a 10 year minimum mandatory prison sentence.
Drug convictions for a "serious drug offense" or 3 convictions for a "violent crime" (juvenile records count) or any combination thereof then you face: 15-20 years in state prison with a 15 year minimum mandatory prison sentence.

How do you fight?

Motions to suppress evidence and statements because the police did not follow the requirements of the Massachusetts Declaration of Rights, Articles 12 and 14, and/or they violated the 4th, 5th, or 6th Amendments of the United States Constitution, as made applicable through the 14th Amendment.
Pre-trial discovery motions to limit the prosecution
An aggressive trial strategy to avoid conviction if possible, and any minimum mandatory sentences.

Motions to suppress evidence, statements and identifications are critical components to almost every drug and gun charge. It is critical to prepare properly, thoroughly research all legal issues and have a legal memo of law ready for the judge.