Powderly Gets Results
  • Armed Assault to Murder
  • Result: Dismissed
  • Breaking & Entering
  • Result: Not Guilty
  • Unarmed Robbery
  • Result: Dismissed
  • OUI 2nd Offense
  • Result: Not Guilty
Powderly Probes Crime Lab
James Powderly on WPRI Channel 12
James Powderly on Digging Deeper
James Powderly on Channel 12
Home  >  Cape Cod Criminal Defense Lawyer  >  Attorney Powderly Gains Release for Client Facing 10 year Mandatory Minimum

Attorney Powderly Gains Release for Client Facing 10 year Mandatory Minimum

Cape Cod Criminal Defense Attorney James Powderly recently obtained the release of a client out of Barnstable Superior Court who faced charges of illegally possessing two firearms and numerous rounds of ammunition. The defendant was charged under the Armed Career Criminal Statute which provides significant enhanced mandatory minimum penalties for having certain prior violent and/or serious drug convictions. In this case, the defendant was charged with having been previously convicted of two prior serious drug offenses which subjected him to a mandatory minimum 10 years state prison sentence if found guilty of either of the charges.  One of the alleged firearms was recovered after the execution of a search warrant at the defendant’s residence in Mashpee. During the search,where he was present, the Barnstable Police located a suspected .41 Derringer pistol. While possessing a firearm within your residence without a proper FID card is by itself a misdemeanor, this offense can be a predicate offense under the armed career criminal statute.  Attorney Powderly hired a firearm expert to examine the .41 Derringer which was determined to be a model manufactured between the late 1800’s and the early 1900’s.  The date of the firearm is significant as an “antique” model that is manufactured prior to 1900 falls outside of the FID requirements for ownership. When charged with the unlawful possession of a firearm, however, the defendant has the affirmative burden of presenting evidence the “antique” firearm was in fact made prior to 1900. The 2nd firearm and ammunition were found by Barnstable Police as the result of a secondary search warrant that was executed at a commercial storage facility in Hyannis. Attorney Powderly filed a motion to dismiss, a motion for relief from joinder and a notice of intent to present an affirmative defense on behalf of the defendant.  On the eve of trial, the defendant was offered a plea deal whereby he pled to one misdemeanor count of possession without an FID card and was sentenced to just 60 days deemed served. The remainder of the charges including the armed career criminal portions were dismissed.