Around 10:30 p.m. this past Tuesday Braintree, Massachusetts police officers responded to an apartment complex after a 911 call about a fight. They were directed to Jeffrey Lynch who it turns out had two outstanding warrants for motor vehicle crimes. Further investigation suggested that Lynch and another man were having an argument. The other man’s girlfriend overheard Lynch telling someone on the telephone to bring a gun. The dispute between Lynch the man resumed during which Lynch asked one of his friends to hand him the gun. A struggle for the gun supposedly followed. When the participants heard the police sirens everyone scattered. The gun was never found. Lynch has been charged with carrying a firearm, assault with a dangerous weapon and impeding an investigation in the Quincy District Court.
Carrying a firearm in Massachusetts is a felony. Massachusetts General Laws Chapter 269 Section 10(a) states that anyone who carries a firearm without a license must serve a minimum mandatory eighteen months in the house of correction and up to five years in state prison. In Massachusetts a firearm is defined as a weapon that is capable of firing a shot or bullet and has a barrel of less than sixteen inches. This law has great significance for Lynch. Since the police never found the weapon there is no way of telling whether it could fire a bullet or any to determine its actual size. Without this information there is not way the district attorney can prove the firearm charge against Lynch. That leaves the assault dangerous weapon charge and the impeding the investigation charge for Lynch to defend. It will be much easier for his lawyers to negotiation a resolution of those matters or possibly try them now that the gun charge no longer seem viable.
Attorney Stephen Neyman has been trying gun cases in Massachusetts for over twenty years. We have won gun trials outright, successfully argued motions to suppress and dismiss and negotiated dispositions of these cases without exposing our clients to criminal records. If you have been charged with a crime in Massachusetts call us at 617-263-6800 or contact us online.