Assault with a Deadly Weapon, Potential Charges

[destined2bgreat]

My question involves criminal law for the state of: Massachusetts

I was recently charged with assault with a deadly weapon. What actually happened was that I aimed a pellet gun at someone driving next to me. I don't want to hear about how you think road rage is stupid, I'm already aware. I'm wondering as to what the possible charges are for a young adult with no previous criminal record and if a lawyer would be necessary.

[free9man]

Yes, a lawyer is absolutely necessary. You are not likely to do yourself any good representing yourself against such a serious charge. Start anger management counseling now, before the court orders it. It will look better that you are accepting you have an issue and are seeking help for it.

I don't care what you don't want to hear...that was an incredibly STUPID thing to do.

[davidmcbeth3]

A BB gun can be considered a deadly weapon in many cases ... if in your situation it is may be up to a jury; if you wanted to take it that far.

Its not a slam dunk case for the DA but it is not a particularly tough one either.

[destined2bgreat]

If I am unable to afford a lawyer, will one be appointed to me by the sate for such a case or no. I'm not exactly financially well-off enough to hire one within three days. If not, could one recommend a good lawyer in Massachusetts for such a case.

[WrongfullyAccusedOne]

If I am unable to afford a lawyer, will one be appointed to me by the sate for such a case or no. I'm not exactly financially well-off enough to hire one within three days. If not, could one recommend a good lawyer in Massachusetts for such a case.

I thought it was common knowledge (I'm by no means a law expert or anywhere close) but you always have the right to an attorney, and "if you can't afford one, one will be appointed to you."

That is a serious charge.

My opinion: get a lawyer ASAP. Get into anger management ASAP. Do everything possible to make yourself look as good as possible to the court (and actually get yourself the help you need). You should also be willing to accept responsibility and the consequences of what you did. I have very bad road rage and zero patience. I still can't imagine actually pointing a gun at someone while driving.

Most importantly, get help. I'm not saying that to talk down to you or offend you, I'm saying it because it will lead to much worse problems later on in life and they can be avoided if you get help now.

[davidmcbeth3]

I still can't imagine actually pointing a gun at someone while driving.

.

drive in NYC for five minutes....you'll change your mind lol

[free9man]

If I am unable to afford a lawyer, will one be appointed to me by the sate for such a case or no. I'm not exactly financially well-off enough to hire one within three days. If not, could one recommend a good lawyer in Massachusetts for such a case.

If you qualify for a public defender, yes you may get one. Not knowing your jurisdiction's rules on qualifying, I can't state whether you will or not. You should be able to just crack open the yellow pages to find your own. This board does not do recommendations.

[flyingron]

It's assault with a dangerous weapon and dangerous weapon includes air powered bb/pellet guns in the Massachusetts definition.

This is very very serious as you've been told.
You're lucky you didn't do it down here in the south. You would have likely been shot in self defense.

[destined2bgreat]

Thank you for all of the help. Luckily the law in Massachusetts allows you to pretty much look at your gun and that's it. Is anyone aware of possible sentences that come along with this charge.

[flyingron]

There are a number of things you could be charged with. Just having the gun in the car is a felony with a mandatory minimum sentence of 18 months, could be up to 5 years.