Charged with a Gun Crime in Brockton? What You Need to Know Before You Go to Court
Gun crimes in Massachusetts carry some of the toughest penalties in the country. Many people are surprised to learn that even first-time offenders can face mandatory jail or state prison time — especially in cases involving unlicensed possession of a firearm, carrying a gun in a vehicle, or allegations connected to violence.
If you or someone you care about has been charged with a gun offense in Brockton or the surrounding communities, it is important to understand what you are facing, how these cases are prosecuted, and what an experienced defense attorney can do to protect your rights.
This guide is written to be clear, practical, and easy to understand.
Massachusetts Gun Laws Are Strict — and the Penalties Can Be Severe
Massachusetts does not allow possession of a firearm outside of your home or place of business unless you have the appropriate license or permit. Even if the gun is never fired, never displayed, and never used to threaten anyone, simply having it can result in criminal charges.
Common Brockton-area gun charges include:
Unlawful Possession of a Firearm (No FID/LTC)
Having a gun without the proper license.
Jail or state prison;
long-term record
Carrying a Firearm
Gun found in vehicle, clothing, or bag.
Mandatory minimum of 18 mos. house of correction sentence
Possession of a Large Capacity Magazine
Alleged magazine capacity > 10 rounds
Increased penalties and felony exposure
Gun Charges Connected to another Offense
Fight, shooting investigation,
drug allegation
Significantly higher sentencing risks
Ammunition Without an FID
Even a single round can be charged
Criminal record exposure
Key point: In Massachusetts, knowledge + intention to exercise dominion or control is enough to be accused of possession. The Commonwealth does not need to prove ownership.
This is where our work as defense counsel becomes critical.
How Gun Cases Are Investigated in Brockton
Gun cases frequently involve:
Traffic stops
Search warrants of homes, apartments, or vehicles
Surveillance or street cameras
Statements from witnesses
Phone analysis or social media investigations
The question is not only what police found, but how they found it. An experienced Brockton gun charge lawyer examines:
Was the stop lawful?
Did police have a legal basis to search the car/house/bag?
Were statements made before Miranda warnings were given?
Was the firearm actually under the defendant’s control?
Is the prosecution assuming possession based on proximity alone?
If the search or stop violated your rights, evidence can be suppressed, which can end or significantly weaken the case.
Real Issue in Many Gun Cases: “Possession” Is Not Always Clear
Police and prosecutors may argue:
“The gun was near you, therefore it was yours.”
But Massachusetts law requires more than mere presence.
The Commonwealth must prove that the person knew about the gun and intended to control it. That is not always straightforward — especially in cases involving:
Shared vehicles
Multiple passengers
Apartments with several residents
Houses with frequent visitors
Borrowed cars
This is where defense strategy makes one of the biggest differences.
The Role of an Experienced Gun Crime Lawyer in Brockton
When we defend gun cases, we focus on:
Challenging the stop or search
Challenging whether the prosecution can prove actual or constructive possession
Examining forensic testing (DNA, fingerprinting, GSR)
Reviewing surveillance and officer body camera footage
Negotiating from a position of strength — not fear
Not every gun case goes to trial — but every gun case must be prepared as if it will.
When prosecutors see that the defense has:
Identified weaknesses,
Filed strong motions, and
Is prepared to go to trial,
they negotiate differently.
Frequently Asked Questions
Q: Will I go to jail for a gun charge in Brockton?
A: Not automatically. Many gun charges carry potential mandatory minimum sentences, but outcomes vary. Challenges to the stop, search, or possession evidence can dramatically change the result.
Q: What if the gun wasn’t mine?
A: You can only be convicted if the Commonwealth proves you knew about the gun and intended to control it. If you were just near it, the case may be defensible.
Q: Do I need a lawyer right away?
A: Yes. Gun cases move quickly, and early investigation makes a difference — especially where surveillance or phone evidence is involved.
Q: Can a gun case be dismissed?
A: Yes. If the stop or search was not lawful, or possession cannot be proven, the charge may be dismissed or reduced.
If You Are Facing a Gun Charge in Brockton, Take the Next Step
Gun cases require careful analysis and a strategic response. Do not go into this alone or try to “explain” your way out of it.
Call Benzaken, Sheehan & Wood, LLP at (508) 897-0001.
We defend clients in Brockton, throughout Plymouth County, and across Massachusetts in serious firearms cases. We will review the facts, explain your rights, and begin building a defense that protects your future.
Benzaken, Sheehan & Wood, LLP
Serious Defense for Serious Charges.