Subsequent Gun Charges and Armed Career Criminal Enhancements in Massachusetts: What You Need to Know
Gun charges are always serious in Massachusetts—but the stakes become exponentially higher when someone is charged with possessing a firearm after a prior gun offense or labeled an Armed Career Criminal under state law. These charges often come with mandatory minimum prison sentences, no parole eligibility, and little room for leniency.
Whether you're facing charges yourself or trying to help a loved one understand what lies ahead, it's essential to understand how subsequent firearm offenses, Armed Career Criminal (ACC) enhancements, and mandatory minimum sentencing laws work in the Massachusetts criminal justice system.
This post breaks it all down in plain language—no legal jargon, no fluff. Just the critical information you need to make informed decisions.
1. What Is a "Subsequent Offense" Gun Charge?
In Massachusetts, gun charges often get significantly more serious if the person accused has a prior conviction for a firearm-related crime.
A "subsequent offense" charge means the Commonwealth is alleging that you've been convicted of a similar offense in the past—and therefore deserve a harsher penalty this time around.
For example:
If someone is arrested for carrying a firearm without a license (a common gun charge) and they’ve previously been convicted of that same offense, they can be charged with carrying a firearm, subsequent offense under state law.
This isn't just a labeling change—it dramatically increases the minimum and maximum penalties you're facing.
Here’s how it typically plays out:
First offense: May carry no mandatory minimum sentence, or a shorter one (e.g., 18 months mandatory).
Second or subsequent offense: Can trigger mandatory minimum sentences of 5 years or more in state prison.
In some cases, prosecutors will also seek to prove the prior conviction separately—meaning even if you're found not guilty of the current charge, they may still try to leverage your record for other enhancements.
2. What Is an Armed Career Criminal (ACC) Charge?
Being charged as an Armed Career Criminal in Massachusetts is one of the most serious enhancements you can face in connection with a gun case.
The Armed Career Criminal statute doesn’t charge someone with a new crime—it enhances the penalties for an existing gun charge based on the person’s criminal history.
To be charged as an Armed Career Criminal, the Commonwealth must allege that you:
Committed a qualifying firearm offense, and
Have a criminal history that includes violent crimes or serious drug offenses, and
Have been convicted of those offenses on separate occasions
There are three levels of ACC charges, depending on how many qualifying prior convictions a person has:
Level 1 Armed Career Criminal
One prior violent or serious drug conviction
Mandatory minimum sentence: 3 years
Level 2 Armed Career Criminal
Two prior violent or serious drug convictions
Mandatory minimum sentence: 10 years
Level 3 Armed Career Criminal
Three or more prior convictions
Mandatory minimum sentence: 15 years
These sentences must be served in state prison, not in the House of Correction, and they cannot be suspended, reduced, or served on probation. There is no parole eligibility until the minimum sentence is fully served.
3. What Triggers an ACC Charge or Subsequent Offense Allegation?
You don’t have to be caught committing a violent crime or discharging a firearm to be hit with a mandatory minimum gun sentence. In many cases, ACC and subsequent offense charges are based solely on possession of a firearm under certain circumstances.
Here’s what prosecutors typically look for when deciding to pursue these enhancements:
A prior conviction for a gun-related offense (such as carrying without a license, possession of a loaded firearm, etc.)
Prior convictions for qualifying violent or drug-related offenses, such as:
Armed robbery
Assault with a dangerous weapon
Distribution or trafficking of controlled substances
Breaking and entering with intent to commit a felony
Separate arraignments for prior convictions (each prior case has to be treated as a distinct incident)
Once those boxes are checked, prosecutors can file a notice of enhancement—and suddenly, what may have seemed like a 2–5 year offense becomes a 15-year mandatory prison sentence.
4. What Are Mandatory Minimum Sentences—and Why Do They Matter?
A mandatory minimum sentence means the judge must impose at least a certain amount of prison time if you’re convicted—regardless of your personal history, the circumstances of the offense, or any mitigating factors.
For example, if you’re convicted as an Armed Career Criminal Level 2, the judge has no discretion to sentence you to less than 10 years, even if:
You never used the weapon
You were cooperative with police
You’re supporting a family
You’re struggling with addiction or mental health
This is different from most criminal cases, where judges can weigh those factors and choose from a range of possible outcomes.
Mandatory minimums also limit your eligibility for parole, early release, or participation in programs that could shorten your sentence.
Bottom line: mandatory minimums mean long, hard time—and they take the power out of the hands of the judge and defense lawyer.
5. How Do Prosecutors Use These Enhancements?
Prosecutors know the power of ACC and subsequent offense enhancements. In some cases, they use them aggressively to pressure people into pleading guilty.
Here’s how it might play out:
A person is arrested for illegal gun possession.
They have two old drug convictions from over a decade ago.
The Commonwealth files an ACC Level 2 enhancement, triggering a 10-year mandatory minimum.
They offer a plea deal for 5 years instead.
The defense attorney now has to explain to their client that if they go to trial and lose, they’re guaranteed 10 years in state prison. The pressure to accept the deal—even if the case isn’t strong—can be overwhelming.
That’s why it’s critical to work with a criminal defense attorney who has experience fighting ACC enhancements and firearm cases. Not every ACC enhancement is valid, and not every gun case is unbeatable. But you need someone who knows where to look for weaknesses in the Commonwealth’s case.
6. Can You Beat an ACC or Subsequent Offense Gun Charge?
Yes. But it’s not easy, and it depends heavily on the details of your case.
Here are some common defense strategies:
Challenging the Validity of Prior Convictions
Not every prior case qualifies. Your lawyer may be able to argue that a prior offense doesn’t count under the ACC statute—especially if the conviction involved a juvenile case, an out-of-state offense, or unclear court records.
Filing a Motion to Suppress the Gun
If the firearm was found through an illegal search or seizure, your attorney may be able to have it thrown out—which can lead to dismissal of the entire case.
Fighting the Underlying Gun Charge
The best way to beat an enhancement is to win the main case. If the Commonwealth can’t prove you had possession of the firearm, or the gun wasn’t operable, or the search was unconstitutional, the rest of the charges may collapse.
Negotiating for a Reduced Sentence
In some cases, prosecutors may be persuaded to drop the ACC enhancement or reduce the charge if the facts support a more lenient approach. This can make a huge difference in the sentence you receive.
7. What You Should Do If You’re Facing a Gun Charge With Enhancements
If you or someone you love is charged with a firearm offense and facing an ACC enhancement or subsequent offense charge, here’s what you should do right away:
Hire a criminal defense attorney with experience in gun cases and ACC enhancements
Don’t talk to police or prosecutors without your lawyer present
Start gathering paperwork about prior cases, probation records, and anything that might help build a defense
Be realistic but proactive—these charges are serious, but there may be ways to fight back
Final Thoughts: Gun Charges and Mandatory Sentences in Massachusetts Are Not the End of the Story
Being charged with a gun offense in Massachusetts is already serious. But when the Commonwealth adds a subsequent offense or Armed Career Criminal enhancement, it becomes a legal emergency.
Mandatory minimums mean long prison terms with no parole. ACC charges can strip away the possibility of probation or a suspended sentence. And prosecutors often use these enhancements as leverage to force guilty pleas.
But there are defenses. There are weaknesses in the law. There are ways to challenge the Commonwealth’s case—if you have the right legal team behind you.
If you're facing this situation, don’t wait. Get legal advice from someone who understands how these charges work, how to fight them, and how to protect your future.
Need help with a subsequent gun charge or ACC case in Massachusetts? A strong defense starts now. Speak with a criminal defense attorney who knows the system—and knows how to fight back.