Criminal Charges:
Man charged in the Bristol County Attleboro District Court for:
- Assault with a Dangerous Weapon in violation of M.G.L. c. 265, § 15B(b);
- Reckless Endangerment of a Child in violation of M.G.L. c. 265, § 13L;
- Transporting a Firearm into the Commonwealth for Criminal Activity in violation of M.G.L. c. 269, § 10I(a);
- Carrying a Firearm without a License in violation of M.G.L. c. 269, § 10(a);
- Carrying a Loaded Firearm without a License in violation of M.G.L. c. 269, § 10(n); and
- Leaving a Firearm in a Vehicle in violation of M.G.L. c. 140, § 131C(a)
Case Overview:
Police responded to an apartment in Attleboro, MA for the report of a verbal argument between a man, his cousin and his cousin’s son. The man previously left a car in his cousin’s custody to repair. Though he prepaid for the work, the cousin never performed it. The man went to his cousin’s apartment demanding the return of both his vehicle and money. The cousin’s son called police and alleged the man threatened him with a firearm. Upon arrival, police noticed a bulge in the man’s pants caused by an empty firearm holster. In the man’s vehicle, police located an unlocked firearm box under the driver’s seat. Inside the box, police discovered a loaded Smith & Wesson, Glock 42, and several rounds of ammunition. In the front passenger seat was the man’s girlfriend, and in the backseat, were two small children. The man, who did not have a valid MA firearms license, was placed under arrest for Assault with a Dangerous Weapon, Reckless Endangerment of a Child, several firearm-related offenses, and was now facing a mandatory minimum term of incarceration. The man retained Massachusetts Criminal Defense Attorney, John L. Calcagni III, to defend him in his case.
Case Result: Probation for 2 Years.
After securing the man’s release on bail over the Commonwealth’s request that he be held without bail on grounds of dangerousness, Attorney Calcagni and his team drafted an extensive mitigation submission for the prosecution’s consideration. After reviewing the submission and following ongoing negotiations, the Commonwealth agreed to dismiss most of the charges, amend those charges that require mandatory jail to less severe charges that do not, and recommended a 2-year probation sentence with conditions that the man have no contact with his cousin’s son and not possess any firearms or other dangerous weapons. The man accepted this offer and successfully averted jail time.
