Boston Criminal Defense Lawyer Blog

According to The Salem News, a Peabody jury acquitted Alfred Cochrane Jr. of carrying a firearm without a license and discharging a firearm within 500 feet of a dwelling. According to reports, the defendant was charged with the firearm offenses after his downstairs neighbor reported that a bullet had come through his ceiling. Coincidentally, at approximately the same time, Cochrane was treated at the Salem Hospital for a gunshot wound to his foot. The government did not produce the actual gun and the jurors acquitted the defendant.

If you have been charged with illegal possession of a firearm it is critical that you contact a Massachusetts defense attorney as soon as possible. Succesfsul litigation of these types of cases includes filing all relevant pre-trial evidentiary and non-evidentiary motions. Motions that are part of a trial attorney's arsenal include motions to suppress evidence, motion to suppress statements and motions to inspect and examine evidence. If convicted on this type of offense the penalties may include a mandatory eighteen month sentence.

Depending on the facts of the case a criminal defendant should consider the possibility of having an independent expert/witness examine the alleged firearm to determine whether it really is a firearm pursuant to the statute. In order to secure a conviction for this type of offense, the government must prove that a defendant was in actual, joint or constructive possession of the firearm. A skillful defense attorney can attack this element of the crime at trial. Additionally, the alleged firearm must be capable of discharging a bullet. A damaged or malfunctioning weapon, depending on the facts, may not meet the definition of a "firearm" in Massachusetts.