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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23155
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Should I get a lawyer and what should I say. I took a gun

Customer Question

Should I get a lawyer and what should I say. I took a gun out of the safe (not loaded) and was pointing it off my deck as 2 men were obnoxious to me next door . Police said they are charging me with assault & battery with a dangerous weapon and will get a summons in the mail. When the police came, there was no weapon that was not secured in the safe. I had been drinking alcohol.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

As a summons has the legal force and effect of an arrest, you are going to be a defendant on a criminal case. In Masachusetts, an assault with a dangerous weapon has a maximum possibility of 10 years in prison. Don't make the mistake of thinking that an assault has to involve physical touching in Massachusetts. The threat is enough.

While it sounds as if this case may be overcharged, don't even dream about going forward on this case without an attorney. Just because the police found the gun in the safe does not mean that there is no evidence against you. The word of the two neighbors constitutes evidence, and if the jury believes them beyond a reasonable doubt you can get convicted.

If it is overcharged, a lawyer can negotiate a misdemeanor here, but let him do the talking. Any admissions on your part will tie his hands.

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