Facing charges for carrying a firearm without a license in Massachusetts is a serious matter that can significantly impact your life. At Riccio Law, Attorney Anthony Riccio is dedicated to providing robust legal defense to ensure your rights are protected and to achieve the best possible outcome for your case. With extensive experience in Massachusetts firearm laws, Anthony Riccio is your trusted advocate in navigating these complex charges.

Understanding the Law

Massachusetts General Laws Chapter 269 Section 10(a) governs the offense of carrying a firearm without a license. To secure a guilty verdict, the prosecution must demonstrate that the defendant:

  • Knowingly possessed a firearm or had control over a firearm in a vehicle without a valid License to Carry (LTC).
  • The firearm must meet the statutory definition, but it does not need to be proven that the firearm was loaded.

Key Definitions:

  • Firearm: Includes all guns and other devices capable of discharging a projectile as defined by Massachusetts law.
  • Control: Refers to the ability and intent to exercise dominion over the firearm, even if it is not in physical possession.

Important Points:

  • The prosecution does not need to prove that the firearm was physically on the defendant’s person.
  • If the defendant holds a license to carry, it must be shown that the firearm was carried outside the permitted areas, such as beyond the home or office.

Penalties for Carrying a Firearm Without a License

The penalties for this offense vary depending on the court in which the case is prosecuted:

District Court:

  • Maximum Penalty: 2½ years imprisonment in the house of correction.
  • Mandatory Minimum: 18 months imprisonment.

Superior Court:

  • Maximum Penalty: 5 years in state prison.
  • Mandatory Minimum: 2½ years imprisonment.

Key Points:

  • Mandatory minimum sentences cannot be suspended.
  • Defendants are ineligible for release until the minimum sentence is served.

Understanding these penalties underscores the importance of securing experienced legal representation to potentially mitigate the consequences you may face.

Potential Defenses

Anthony Riccio employs several defense strategies to challenge charges of carrying a firearm without a license:

  • Lack of Knowledge: Arguing that the defendant was unaware of the firearm’s presence.
  • No Intent to Possess: Demonstrating that there was no intention to possess the firearm.
  • Inability to Control: Proving that the defendant could not exercise dominion and control over the firearm.

Each case is unique, and Attorney Riccio meticulously analyzes the specifics to identify the most effective defense approach, ensuring that all possible defenses are thoroughly explored to protect your rights.

Why Choose Anthony Riccio

Choosing the right attorney can make all the difference in your case. Here’s why Anthony Riccio is the preferred choice for firearm carrying defense in Massachusetts:

  • Extensive Experience: Represents clients across district, superior, and federal courts, handling a wide range of firearm-related charges.
  • Former Prosecutor: Offers a unique perspective in analyzing both prosecution and defense strategies, allowing for a more comprehensive defense plan.
  • Dedicated Advocacy: Committed to exploring all defense avenues to achieve favorable outcomes, ensuring personalized attention and dedicated support throughout your case.
  • Proven Track Record: Successfully defended numerous clients, demonstrating expertise and a deep understanding of Massachusetts firearm laws.

Contact Riccio Law Today

If you or a loved one is facing charges for carrying a firearm without a license in Massachusetts, immediate legal assistance is crucial. Contact Riccio Law today to schedule a free consultation and take the first step towards protecting your future.

Anthony Riccio is ready to provide you with the expert legal defense you need during this challenging time.

Frequently Asked Questions (FAQs)

What constitutes “control” over a firearm under Massachusetts law?

Control refers to the ability and intent to exercise dominion over the firearm, even if it is not physically on your person. This means having the authority to use or direct the firearm’s use.

Do I need to prove the firearm was loaded for the prosecution to secure a conviction?

No, the prosecution does not need to prove that the firearm was loaded. The focus is on the possession or control of the firearm without a valid license.

Can I be charged for carrying a firearm without knowing it was present?

Yes, but one potential defense is demonstrating that you were unaware of the firearm’s presence, thereby lacking the necessary knowledge to constitute possession.

What are the mandatory minimum sentences for this offense?

In district court, the mandatory minimum is 18 months imprisonment, and in superior court, it is 2½ years imprisonment. These sentences cannot be suspended, and you are ineligible for release until the minimum term is served.

How can Anthony Riccio help in my defense case?

With his extensive experience and background as a former prosecutor, Anthony Riccio can effectively analyze your case, identify weaknesses in the prosecution’s arguments, and develop a robust defense strategy tailored to your specific situation.

What should I do if I’m charged with carrying a firearm without a license?

Contact Riccio Law immediately to schedule a free consultation. Prompt legal assistance is essential to navigate the complexities of the case and to protect your rights effectively.

Conclusion

Being charged with carrying a firearm without a license in Massachusetts is a grave matter that requires expert legal representation. Attorney Anthony Riccio at Riccio Law is dedicated to providing experienced and effective defense to safeguard your rights and future. Navigating these charges alone can be overwhelming and detrimental to your case. Contact Riccio Law today for a free consultation and take the first step towards securing your defense with a knowledgeable and committed attorney by your side.

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