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March 24, 2014

'Dangerous Weapon' Not Necessarily a 'Deadly Weapon' for Purposes of Enhanced Sentencing Statute

In a recent unpublished opinion, the Massachusetts Appeals Court reversed a judgment against a criminal defendant who had been sentenced by a superior court judge under the sentencing enhancement provisions of the Massachusetts Armed Career Criminal Act (ACCA). In relevant part, the ACCA applies to any person who has been previously and in separate instances been convicted of three violent crimes, or three serious drug offenses, or any combination of violent crimes or serious drug offenses that total three. Under the ACCA, if a person with such a criminal history is found to be in unlawful possession of a firearm under the applicable Massachusetts firearms laws, he may face a sentence of 15 to 20 years in prison. The statute defines a "violent crime" as, among other criteria, a crime that involved the use or possession of a "deadly weapon."

In Commonwealth v. Boyd, the defendant's adult criminal record included convictions for the unlicensed carrying of a firearm and unlawful possession of ammunition. However, the defendant also had juvenile convictions for assault and battery by means of a dangerous weapon, assault by means of a dangerous weapon, and assault and battery on a public employee. In this case, the defendant was further convicted of unlawful possession of a sawed-off shotgun, unlawful possession of ammunition without a firearms identification card, unlawful possession of a loaded sawed-off shotgun, unlawful discharge of a firearm, and two counts of reckless endangerment of a child.

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