Firearms Offenses

Commonwealth v. J.G. – Dedham District Court

ASSAULT w/ DANGEROUS WEAPON: DISMISSED AT TRIAL
ASSAULT and BATTERY: DISMISSED AT TRIAL
THREAT TO COMMIT CRIME (MURDER) DISMISSED AT TRIAL
UNLAWFUL POSSESSION of FIREARM: DISMISSED AT TRIAL
UNLAWFUL POSSESSION of AMMUNITION: DISMISSED AT TRIAL

Defendant was arrested on allegations made against him by his ex-girlfriend of four years. She alleged that the Defendant choked her. She alleges a history of abuse, alleging that two-weeks prior to the incident Defendant choked her to the point that she had visible markings on her neck. She alleges that Defendant took out a black revolver and threatened to kill her with it. Police searched the Defendant’s home and found the black revolver (matching the alleged victim’s description) loaded with four rounds of ammunition. The alleged victim claims that the Defendant called her and threatened to kill her by slicing her throat. The alleged victim obtained an Abuse Prevention Order against the Defendant. Attorney Patrick J. Noonan conducted extensive discovery and amassed damaging evidence to impeach the alleged victim’s credibility at trial.

Result: Attorney Patrick J. Noonan obtains an outright dismissal of all criminal charges, which included violent offenses, a violent felony offense, and firearm offenses.

Read More about Commonwealth v. J.G. – Dedham District Court

Commonwealth v. J.G. – Stoughton District Court

CARRYING FIREARM without LICENSE: DISMISSED upon MOTION

Police searched the Defendant’s home and found a Smith & Wesson 28 Special Revolver loaded with four rounds of ammunition. Defendant did not have any license to possess or carry firearms. In his Motion to Dismiss, Attorney Noonan argued that there is a “residency exemption” in the amended statute, which applies to those possessing a firearm while “present in or on his residence.” Citing case law, Attorney Noonan argued that the evidence showed that the Defendant possessed the firearm in his residence, which is not a crime, even though he did not have any gun license.

Result: Attorney Patrick J. Noonan’s Motion to Dismiss is allowed and he saves his client from serving a minimum mandatory jail sentence of 18 months.

Read More about Commonwealth v. J.G. – Stoughton District Court

Commonwealth v. R.L. – Dudley District Court

FIREARM OFFENSE: DISMISSED at ARRAIGNMENT

Oxford Police were dispatched to a domestic disturbance wherein a third-party caller reported that the Defendant and his wife were having a physical dispute. Upon arrival, officers observed items strewn about the bedroom. Defendant was in the process of packing his belongings in his bedroom to leave the house. Police observed a shotgun in Defendant’s bedroom closet, which was loaded and not trigger-locked. Police charged Defendant with Improper Storage of a Firearm. Client retained Attorney Patrick J. Noonan. Attorney Patrick J. Noonan filed a Motion to Dismiss asserting that there was insufficient probable cause to charge his client with the firearm offense because firearm was not outside the Defendant’s control because he had the shotgun sufficiently nearby him in his bedroom closet, a couple feet away, as he was packing his belongings in the bedroom. Attorney Noonan argued that the firearm was within arm’s reach of the Defendant and not outside his control.

Result: At the arraignment, the prosecutor agreed to dismiss the gun charge upon the payment of $100 in court costs.

Read More about Commonwealth v. R.L. – Dudley District Court

Commonwealth v. D.R. – Brockton District Court

CARRYING FIREARM W/OUT LICENSE: DISMISSED
POSSESSION OF AMMUNITION: DISMISSED
DEFACING SERIAL NUMBERS: DISMISSED
POSSESSION OF FIREARM WITHOUT FID: PROBATION

Client, 26-year-old male, was arrested during a raid where the gang unit task force of the Massachusetts State Police executed a search warrant of a residence in Brockton and found several large capacity firearms and ammunition. Client made inculpatory statements linking him to the firearms in the basement of the residence. Attorney Patrick J. Noonan persuaded the Commonwealth to amend the felony “carrying” charge, which carries a mandatory minimum sentence of one-year in prison, down to a lesser misdemeanor simple possession charge. The Defendant pled guilty to the lesser-included misdemeanor charge and was placed on probation. Attorney Patrick J. Noonan was successful in getting all remaining charges dismissed.

Result: Attorney Patrick J. Noonan saves client from serving minimum mandatory jail sentence of one-year on gun charge.

Read More about Commonwealth v. D.R. – Brockton District Court