Boston Illegal Gun Possession Defense Lawyers
Massachusetts has strict gun and weapons possession laws. If you are convicted of carrying a firearm without an F.I.D card, you face a mandatory minimum eighteen-month house-of-correction sentence. A Mandatory minimum sentence means that the judge has no discretion to impose a lighter sentence or to provide probation. The minimum mandatory penalties are heightened if you have prior convictions for similar offenses.
You could be charged with unlawful possession of a firearm if you are stopped with a handgun in your car without an firearms identification (F.I.D.) card. You could also be charged with unlawful possession of a weapon for carrying such items as a stiletto, dagger, dirk knife, ballistic knife, switch knife, a switch blade, any knife with a double-edged blade, a slingshot, a slung shot, blowgun, blackjack, or metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, a shuriken, or a manrikigusari.
Protecting Your Rights
As experienced Boston illegal gun possession defense attorney, David Yannetti and his associates have successfully defended these cases by filing and arguing a motion to suppress the weapon or firearm from evidence. Any citizen in the United States has a right to be free from unlawful searches and seizure pursuant to the 4th amendment of the U.S. Constitution and the Massachusetts Declaration of Rights. An experienced and skilled attorney may successfully challenge a police stop of a car or a police search of a house or a person. If a motion to suppress evidence fails, a defense lawyer may still persuade a judge or jury that reasonable doubt exists regarding his client's knowing, intentional and unlawful possession of the weapon.
Call For A Free Consultation With A Massacusetts Weapons Defense Attorney
If you have been charged with possession of a gun or another type of weapon, get experienced legal help. Contact a Boston weapons charges defense lawyer online or call 617-338-6006 for a free phone consultation.
Sample Weapons Cases:
November 19, 2012September 27, 2012
Cambridge District Court
Client, a 42 year-old contractor, faced a potential complaint for Improper Storage of a Firearm. The police alleged that when Client was visiting his mother one day, he parked outside her residence and left his gun in a bag on the front seat of his truck. When he emerged several minutes later, he discovered that someone had stolen the bag and the gun. When the missing gun was reported to the police, Client's license to carry a firearm was revoked and a criminal charge loomed. The missing gun was never located. Client hired the Yannetti Criminal Defense Law Firm to represent him. Today, at the clerk magistrate's hearing, Attorney Tanis Yannetti persuades the clerk magistrate that no complaint should issue against Client. As a result, Client maintains his clean criminal record. Result: Application for Complaint Dismissed.
Boston Municipal Court
Docket No. 1001-JC-0489-2
Client, a 39 year-old union technician, was arrested for Carrying a Firearm -- under G.L. chapter 269, section 10(a) -- and Possession of Ammunition. The police alleged that a concerned citizen had called 911 to report that someone was waving around a gun in her neighborhood. When the police arrived, Client matched the physical description of the gunman and was wearing identical clothing. Client was highly intoxicated and a firearm was found in the area where he was standing. Client also had a bullet in his pocket that was the same caliber as the recovered firearm. Client has four children, including two twin baby boys. He was supporting his entire family, so he stood to lose everything if convicted of the Carrying a Firearm charge (which would have led to a minimum mandatory 18-month committed house-of-correction sentence). Client hired the Yannetti Criminal Defense Law Firm to represent him. For over two years, Attorney David Yannetti fought to keep Client out of jail by conducting discovery, arguing a motion to suppress evidence and preparing the case for trial. Eventually, Attorney Yannetti persuaded the prosecutor that the lead charge should be reduced to Possession of a Firearm -- under G.L. chapter 269, section 10(h) -- which is a misdemeanor. Today, as a part of a crucial plea bargain, Client receives concurrent suspended sentences on the reduced firearm charge and the ammunition charge. As long as Client undergoes alcohol treatment and stays out of trouble for three years, his probation will be terminated without his having to serve even one day in jail. Result: Client Avoids Felony Charge, Avoids Minimum Mandatory Prison Sentence and Is Placed on Probation.
September 11, 2012
Stoughton District Court
Client, a 23 year-old college graduate, faced a potential complaint for Improper Storage of a Firearm. The police alleged that they found a gun in the drawer of Client's nightstand, after they were called to the home for a "wellness" check. Client had owned the gun legally in Kentucky, but never applied for an F.I.D. card in Massachusetts. Client hired the Yannetti Criminal Defense Law Firm to represent him. At the clerk's hearing today, Attorney Tanis Yannetti persuades both the police and the assistant clerk magistrate that no complaint should issue against Client. Client maintains his clean criminal record. Result: Application for Complaint Dismissed.
February 6, 2012
Middlesex Superior Court
Docket No. 2011-110
Client, a 42 year-old laborer, faced a 13-count indictment for a variety of firearms-related offenses, including Felon in Possession of a Firearm. The police alleged that they responded to client's home in response to a 911 report of domestic violence. When they arrived there, the police found two AR-15 assault rifles, two large-capacity feeding devices and a large quantity of assorted ammunition stashed in various locations throughout the apartment. Client retained the Yannetti Criminal Defense Law Firm to represent him. After thoroughly investigating the Commonwealth's case, Attorney Greg L. Johnson filed a motion to suppress the evidence that was seized, another motion to suppress Client's statements to the police, and a third motion to dismiss the "Felon in Possession" indictment. After a lengthy, two-day hearing, the judge suppressed all of the evidence against Client except for the two large-capacity feeding devices. The judge also allowed Attorney Johnson's motion to dismiss the "Felon in Possession" indictment. As indicted, Client originally faced a 3-year mandatory minimum sentence. As a result of Attorney Johnson's excellent work, all mandatory-minimum charges were dismissed and client instead received a non-mandatory one-year sentence in the house of correction. Result: Motion to Suppress Allowed, Motion to Dismiss Allowed, Four Indictments Dismissed and Client Receives a Greatly Reduced Jail Sentence Despite the Strong Case for the Prosecution.
December 13, 2011
Woburn District Court
Docket No. 1053-CR-1000
Client, a 23 year-old laborer, was charged with Cultivation of Marijuana, Possession of Marijuana with Intent to Distribute, Possession of a Class B Controlled Substance (Suboxone), Possession with Intent to Distribute within a School Zone, Conspiracy to Violate the Controlled Substance Act and two counts of Improper Storage of a Firearm. After obtaining a search warrant for Client's home, the police allegedly found several marijuana plants, a marijuana grow tank, over 170 grams of marijuana, a digital scale, crib sheets and semi-automatic rifles which were not properly locked away. If convicted on the School Zone charge alone, Client faced a minimum mandatory sentence of two years in the house of correction. Client hired Attorney Yannetti to investigate the case and to represent him. Over the course of a year and a half, Attorney Yannetti first persuaded the prosecutor to dismiss the school-zone and conspiracy charges -- greatly reducing the stakes for Client. Attorney Yannetti then scheduled the remaining charges for trial. Today, on the trial date, Attorney Yannetti persuades the judge and the prosecutor to dismiss the Cultivation of Marijuana charge -- the most serious charge remaining -- and also the Possession of a Class B drug charge. Client admits to only three charges before the court and receives a total of one year of probation. Result: School Zone, Conspiracy, Cultivation of Marijuana and Possession of Suboxone Charges All Dismissed, Client Admits to Possession of Marijuana with Intent to Distribute and Two Improper Firearm Storage Charges and Avoids Serving Any Time in Jail or Prison.
April 5, 2011
Cambridge District Court
Docket No. 1052-CR-0618
Client, a 27 year-old man, was arrested for Assault and Battery on a Police Officer, Assault and Battery, Resisting Arrest, Carrying a Dangerous Weapon and Disorderly Conduct. The prosecution alleged that in the early morning hours in the parking lot of a restaurant, Client struck another man during an argument. When a police officer, on a detail, attempted to intervene, Client alleged struggled with the officer, ripped the badge off his uniform and struck the officer in the face. When the police arrested him, Client allegedly had a knife in his pocket. Client hired Attorney Yannetti, who investigates the case over the course of several months and schedules the case for trial. Today, Attorney Yannetti persuades the judge to find Client not guilty on the two most serious charges -- A&B and A.B.P.O. Attorney Yannetti further persuades the judge to de-criminalize the dangerous weapon and disorderly conduct charges, so Client is not convicted of those either. Client is given the opportunity to receive a continued-without-a-finding disposition on one charge only -- resisting arrest. Client takes that opportunity. Result: Not Guilty Verdicts After Trial on Both Assault and Battery Charges, No Convictions on the Remaining Charges.
December 17, 2010
Boston Municipal Court
Docket No. 0801-JC-1148-2
This was a terrific win for my office and a great way to end the year. When he was arrested two years ago, Client was a 26 year-old student at a prestigious university, working nights at a sports club in Boston as a doorman. Client had moved up to Massachusetts from Missouri a few months beforehand, taking with him his handgun that he always kept in his home. Unfortunately, Client did not properly investigate the gun licensing laws in Massachusetts. When a co-worker found the gun in Client's coat at work, Client was arrested for Carrying a Firearm without a License -- a charge which carries upon conviction a minimum, mandatory 18 month house-of-correction sentence. Client was also charged with Unlawful Possession of Ammunition. Client hired Attorney Yannetti. Over the course of two years, Attorney Yannetti filed several motions which resulted in the production of evidence that was helpful to Client's case. Still, the police testified at trial that Client admitted that the coat was his and that he knew the gun was in the coat. Further, Client's fingerprint was found on the gun. Today, after a three-day trial, Client was acquitted of both charges. Result: Not Guilty Verdict after Jury Trial.
December 7, 2010November 15, 2010
Dedham District Court
Client, a 45 year-old orthopedic assistant, faced a potential complaint consisting of more than 20 counts of Illegal Possession of a Firearm, as well as Possession of a Class D Controlled Substance with the Intent to Distribute, as a result of a search warrant conducted at her home. Client hired Attorney Yannetti, who contacts the lead police investigator. At a meeting at the police station, Attorney Yannetti persuades the investigator that Client's ex-boyfriend was responsible for the guns and drugs -- not Client. Today, at the clerk magistrate's hearing, Attorney Yannetti persuades the investigator and the assistant clerk magistrate that no complaint should issue against Client. Result: Application for Complaint Dismissed.
Norfolk Superior Court
Docket No. 2008-0542
Client was charged with Trafficking in Cocaine over 28 Grams and 15 counts of Illegal Possession of a Firearm. The police alleged that they executed a search warrant at Client's home and found a large amount of cocaine -- much of which was packaged for individual sale, as well as large collection of guns. Client initially hired another attorney, who filed a pre-trial motion to dismiss the cocaine trafficking indictment. After Client's first attorney lost that motion, Client hired Attorney Yannetti. Attorney Yannetti conducts a further investigation and uncovers evidence that the police misled the grand jury during crucial testimony. As a result, Attorney Yannetti files his own motion to dismiss. Today, a Norfolk Superior Court judge allows the motion to dismiss the cocaine trafficking indictment -- which reduces that charge to possession of cocaine with intent to distribute. Whereas the trafficking charge carries a minimum mandatory sentence of 5 years in state prison, the reduced charge carries no mandatory jail sentence. As a result, Client elects to plead guilty to possession with intent to distribute. The prosecutor recommends that he serve one year in prison, but Attorney Yannetti persuades the judge to instead impose three years of probation. Client only needs to refrain from using drugs and he will escape a jail sentence completely. In addition, Attorney Yannetti persuades the prosecutor and judge to dismiss 11 of the 15 firearms charges. Result: Motion to Dismiss the Trafficking in Cocaine Indictment Allowed, Client Avoids Minimum Mandatory 5-Year State Prison Sentence and Instead Receives Probation.
May 10, 2010March 12, 2010
Ayer District Court
Docket No. 0948-CR-0977
Client, a 21 year-old forklift operator, faced a complaint alleging Carrying a Firearm, Possession of Ammunition and Possession of a Class B Controlled Substance with Intent to Distribute. On the "carrying" charge, Client faced a minimum-mandatory sentence of 18 months in the house of correction. The police alleged that Client threatened a man whom Client believed had stolen money from him in a drug deal. Client then allegedly took a gun out of his house and threatened to use it against the man unless he received his money back. The man instead went to the police, who proceeded to execute a search warrant at Client's home. The police found the gun, ammunition, and a quantity of marijuana (as well as some growing marijuana plants). Client admitted to possessing the gun illegally. Client hired Attorney Yannetti to somehow keep himself out of jail. Attorney Yannetti investigated the case via the discovery process and filed a motion to suppress Client's statements to the police. Today, when trial is scheduled to begin, the district attorney's office finally agrees to dismiss the "carrying" charge. Attorney Yannetti then persuades the judge to continue all charges without a finding. As long as Client refrains from being arrested in the meantime, all charges will be dismissed against him in one year. Result: Client Avoids a Minimum-Mandatory One and One-Half Years in Prison, Client Avoids Prison Entirely and Client Avoids A Conviction on All Charges.
Boston Municipal Court
Docket Nos. 0901-CR-1342 and -6488
Client, a 26 year-old graduate student, was arrested for Domestic Assault and Battery after his live-in girlfriend told the police that he had grabbed her by both wrists and shoved her into a wall. The police observed scratch marks and redness on his girlfriend's left wrist. They also saw damage to the wall and pieces of broken glass on the floor. As a result of finding a shotgun in Client's closet, the police also charged him with Unlawful Possession of a Firearm. Client hired Attorney Yannetti. After investigating this case, Attorney Yannetti filed a motion to suppress the shotgun from evidence, as well as a motion to suppress the statements that Client had made to the police. On January 21, 2010, after a full hearing, the judge allowed both motions to suppress. As a result, the prosecution was forced to dismiss the firearms charge. Today, when the domestic assault-and-battery charge was scheduled for trial, Attorney Yannetti persuades the judge to dismiss the entire case over the prosecutor's objection. Result: Case Dismissed.
January 25, 2010
Dedham Juvenile Court
Docket Nos. FIYO-9Q-0049 through -0052, FID-09D-0020 through -0025, FID-09Q-0035 through -0039
Client, a 16 year-old high school student, was indicted as a Youthful Offender and faced 31 charges, including multiple counts of Carrying a Firearm without a License, Breaking and Entering, Larceny of a Firearm and Larceny of a Motor Vehicle. The prosecution alleged that Client and two friends broke into one home, stole jewelry and the car in the garage. They then allegedly drove to Client's uncle's house, where they stole 9 firearms that had been locked up in the home. Client gave a full confession to breaking into the first home. If convicted as an adult -- which is generally the purpose of the prosecution when they seek "youthful offender" indictments -- client faced a minimum mandatory sentence of 1 1/2 years in the house of correction. After initially retaining another attorney (with whom they were unhappy), Client's parents hired Attorney Yannetti. Both of Client's friends pled guilty to all 31 charges they faced and both were prepared to testify against Client. Today, despite the strength of the prosecution's case against Client, Attorney Yannetti persuades the prosecutor to dismiss 20 of the 31 charges Client faced. In addition, Client admits to 9 of the charges as a juvenile and is placed on probation for those counts. Client only admits to two "carrying of a firearm" indictments as a youthful offender -- and is not sentenced as an adult. Instead, he is committed to the Department of Youth Services. He therefore will obtain counseling and treatment rather than being warehoused in a prison cell. Client may be released after as a few as six months. Result: Twenty of Thirty-One Charges Dismissed, Client sentenced as a Juvenile and Avoids a Minimum Mandatory House-of-Correction Sentence.
January 20, 2010
Boston Municipal Court
Docket No. 0808-CR-0872
Client, a 57 year-old attorney, was charged with Unlawful Possession of Ammunition and Unlawful Possession of a Class D Controlled Substance as a result of a search warrant that had been conducted at his apartment. When Client had moved here from California, he stored his firearm in an appropriate facility but failed to properly store his ammunition. He also allegedly had marijuana in his bedroom. Client initially hired another lawyer, who failed to persuade the district attorney's office not to go forward with the charges. Client then hired Attorney Yannetti. Today, after several months of negotiation -- including appeals to highest-level decision-makers in the D.A.'s Office -- Attorney Yannetti persuades the prosecutor to dismiss the marijuana charge and recommend pre-trial probation on the ammunition charge. Client therefore admits to no wrongdoing and -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for Client's record. Result: Case Dismissed.
October 16, 2009
Boston Municipal Court
Docket No. 1977-56 and 1977-61
Client was convicted in 1977 of unlawful possession of a firearm and possession of marijuana with the intent to distribute. At the time, Client was a recent immigrant from Trinidad & Tobago. For the next thirty years, Client led a productive life here in the U.S., gaining notoriety as a singer for a popular reggae band. He was shocked to learn that he now faced deportation as a result of his 1977 convictions in the Boston Municipal Court. Client retained Attorney Yannetti to try to reverse the convictions so that he would be able to avoid deportation. Attorney Yannetti then investigates this matter and conducts the appropriate legal research, which results in a motion for new trial and a 22-page memorandum to support it. On September 17, 2009, after a hearing before a B.M.C. judge, Attorney Yannett's motion for new trial was allowed and the conviction was reversed. Today, the prosecutor announces in court that the district attorney's office will not appeal the judge's ruling. Client's record therefore no longer contains those serious felony convictions. He can no longer be deported. Result: Motion for New Trial Allowed, Case Dismissed and Client avoids almost certain deportation.
February 6, 2009
Framingham Juvenile Court
Docket No. DL-08-F-0842
Client, a junior high school student, was charged with assault and battery by means of a dangerous weapon, a felony, as a result of allegedly participating in a group beating of a fellow student on school grounds. Client's parents hired Attorney Yannetti, who, after months of negotiation, eventually persuades the prosecutor to drop the felony charge. Further, the prosecutor agrees to recommend a continuance-without-a-finding on a misdemeanor assault and battery charge. Over the prosecutor's objection, Attorney Yannetti then persuades the judge to order that Client's probation be "unsupervised," so that he does not need to report to the courthouse every month to check in with a probation officer -- and he does not need to pay the higher fees associated with supervised probation. Client needs only to perform 20 hours of community service and the case will be dismissed in six months. Result: Felony Dismissed, Client avoids conviction on misdemeanor.
December 4, 2008
Newton District Court
Docket No. 0812-CR-0368
Client was charged with a felony -- assault by means of a dangerous weapon -- as a result of allegedly threatening his wife with a hammer and chasing her out of their home. In response to a 911 call, the police arrived to find Client's wife on the street with their young child. If convicted, Client faced the prospect of losing everything he had worked very hard to achieve -- his career and his residence in the U.S. Even a continuance-without-a-finding disposition would have subjected him to deportation to his native country. Client initially hired another attorney, who was not able to persuade the prosecutor to offer pre-trial probation -- a disposition that would require no admission of guilt from Client, and one which would result in the charge being dismissed. Client hired Attorney Yannetti to take the case to trial for him. Attorney Yannetti instead proposes creative conditions of probation that ultimately convince the district attorney's office to soften its stance on the case. Today, both the prosecutor and the judge agree to place Client on pre-trial probation. He admits to no wrongdoing and after two years -- as long as he successfully complies with the terms of his pre-trial probation -- the case will be dismissed with no repercussions for either Client's record or his immigration status. Result: Case Dismissed.
November 13, 2008
Boston Municipal Court
South Boston Division
Docket No. 0803-CR-0730
The prosecution alleged that Client had an argument one night with girlfriend, during which he allegedly grabbed her by the neck, threw her to the ground, choked her and threatened to kill her. In response to a 911 call, the police officers arrived and noticed red marks on his girlfriend's neck. Client had a previous felony on his record -- for assault and battery by means of a dangerous weapon -- which had been continued without a finding. As a result, he decided to retain Attorney Yannetti to pursue the best "deal" he could get regarding this new case. After a lengthy negotiation, the prosecutor would not budge from her recommendation of a guilty finding and a conviction for Client, in light of the facts as outlined above and Client's prior history. Nevertheless, Attorney Yannetti today persuades the judge to instead continue this case without a finding over the prosecutor's objection. As long as Client remains arrest-free, this case will be dismissed in one year. Result: Client Avoids a Criminal Conviction.
August 11, 2008
Springfield Superior Court
Docket No. 2006-1315
Client, a 26 year-old man, faced allegations that he and his co-defendant had robbed and shot a man on Christmas Day in 2003. Both were charged with armed robbery by means of a handgun, assault and battery by means of a dangerous weapon and assault by means of a dangerous weapon. Both also remained at-large for several years, with warrants outstanding for their arrest. When Client learned that the police were looking for him, he hired Attorney Yannetti. Attorney Yannetti negotiated with the prosecutor in order to arrange for client's surrender before the court in the summer of 2006. During the bail hearing at Client's arraignment, Attorney Yannetti succeeded in convincing the judge to allow Client to remain free on personal recognizance and also to return to his home state while the case was pending. On June 30, 2008, Client elected to admit to the indictments after having learned that the alleged victim appeared in court on the trial date, ready to testify to the robbery and shooting. Client's bail was therefore revoked and he was taken into custody. Today, Attorney Yannetti argues before the judge that Client should be released from custody and instead placed on probation. Result: Client given a "time-served" split sentence, whereby he is released from custody after spending 43 days in jail. Client is placed on probation for five years.
May 10, 2007
Hadley District Court
Docket No. 0698-CR-0317
After having been placed on probation less than 3 months ago for a prior offense, Client, a college student, was arrested for illegally carrying a firearm. Today, Attorney Yannetti convinces his probation officer and the judge not to sentence Client to serve any time in jail despite the new arrest. Result: Probation terminated and Client discharged from further probation.
January 24, 2007
Suffolk Superior Court
Docket No. 2006-10173
Client was charged with multiple offenses carrying minimum mandatory sentences, including trafficking in cocaine, distribution of narcotics in a school zone, carrying a firearm and possession of a large capacity weapon. Client was also indicted as an "armed career criminal, level 3," and therefore faced a minimum mandatory 15-year state prison sentence for that charge alone. At the time of his arrest for carrying the firearm, Client had been on release after posting bail on his trafficking case -- meaning, by statute, the sentences on each case had to be consecutive and not concurrent. The trafficking and school zone indictments carried an additional 5 year sentence, minimum mandatory, in state prison. Attorney Yannetti answers ready for trial on the trafficking case, having retained an expert forensic toxicologist to testify that the amount of cocaine in Client's possession could be consistent with personal use and not distribution of narcotics. Result: The prosecutor agrees to dismiss the Armed Career Criminal Level 3 indictment, as well as the Trafficking in Cocaine and School Zone indictments. Client elects to resolve all of his outstanding matters for a greatly reduced 3 1/2 year sentence -- only 3 years of which is mandatory. With credit for time served awaiting trial, Client will serve less than 3 years.
January 12, 2007
Framingham District Court
Docket No. JR-87-0201
Client, a self-employed businessman, was charged in a 1986 case with carrying of a firearm. In 1987, he was sentenced to a minimum-mandatory one year in the house of correction. Client then defaulted in court and fled the state, never having served any portion of his sentence. Today, Attorney Yannetti brings Client back before the court and convinces the prosecutor to dismiss the carrying of firearm charge. Result: Instead of a having to serve the full year in the house of correction to which he had been sentenced, Client winds up with a only 4-month house of correction sentence - and will be eligible for parole after serving only 2 months.