Possession Of A Gun While Committing A Crime of Violence: Case Dismissed.

Noah Kilroy Helps To Get Client’s Firearm Charges Dismissed:

posession of gun during violence: dismissedThe client is arrested in his apartment in Pawtucket, Rhode Island, and charged with possession with intent to distribute heroin, cocaine, and crack-cocaine.  The client is also charged with possession of a firearm while committing a crime of violence.  Rhode Island General Laws 11-14-3 provides in pertinent part that:

“No person shall commit or attempt to commit a crime of violence when armed with or having available any firearm, explosive substance, noxious liquid, gas or substance, or acid. Every person violating the provisions of this section shall be punished: (1) for the first conviction by imprisonment for not less than three (3) nor more than ten (10) years; (2) for a second conviction under this section by imprisonment for not less than ten (10) nor more than twenty (20) years; and (3) for a third or subsequent conviction the person convicted shall be sentenced to not less than fifteen (15) years to life imprisonment. For the penalties provided in this section he or she shall not be afforded the provisions of suspension or deferment of sentence, nor of probation.”

In this instance, the client was a first-time offender and faced at least three years in jail. Because the statute does not allow for this time to be suspended, client, if convicted, would have to do jail time.

The client then hires attorney Kilroy, who is able to get the client out on bail, initially.  After Attorney Kilroy investigates further, he is able to identify evidence that points to weaknesses in the State’s case.  This evidence is then submitted to the State during the screening process.  After the State fails to move forward with its case against the client within six months, attorney Kilroy then filed a motion to dismiss for lack of prosecution.  The court granted Attorney Kilroy’s motion and the case was dismissed.

Have You Been Charged With Possession Of A Gun While Committing A Crime Of Violence?

If you have been charged with Possession of a Gun while committing a crime of violence, it is imperative that you contact a lawyer right away! Our attorneys are standing by to help. Call now for your free consultation at 401-855-9023.  Or visit our Fall River, MA, or Providence location.