Charged with Carrying a Dangerous Weapon in Massachusetts?
Get the Defense You Deserve.
Massachusetts law takes weapons charges seriously—even if the item you were carrying didn’t look like a weapon at all. From pocketknives to batons to brass knuckles, you can be arrested and charged with a crime for simply having something in your pocket or car—especially if police believe you intended to use it.
At DeGiacomo & Mikhlin, P.C., we defend people across the Commonwealth facing Carrying a Dangerous Weapon charges. Whether you were stopped on the street, pulled over during a traffic stop, or involved in an altercation, we know how to challenge the evidence, push back on overcharging, and protect your future.
What Counts as a Dangerous Weapon in Massachusetts?
Under M.G.L. c. 269 § 10, Massachusetts law prohibits carrying certain weapons outside of your home or workplace without proper licensing.
This includes:
- Switchblades, double-edged knives, stilettos
- Brass knuckles
- Billy clubs or batons
- Blackjacks or slungshots
- Nunchaku and other martial arts weapons
- Certain stun guns (unless properly licensed)
But it also includes any object used or intended to be used as a weapon, such as:
- Screwdrivers
- Tools
- Glass bottles
- Rocks or bricks
Police and prosecutors have wide discretion to claim an everyday object was a “dangerous weapon” based on the circumstances. That’s why you need a skilled attorney to challenge the assumptions behind the charge.
Penalties for Carrying a Dangerous Weapon in Massachusetts
This charge is a misdemeanor, but don’t be fooled—it can still result in:
- Up to 2.5 years in the House of Correction
- Fines up to $5,000
- Probation and mandatory conditions
- A permanent criminal record
In some cases, a first offense may be eligible for pretrial diversion or dismissal. But in others—especially if there are allegations of threats, fights, or intoxication—the case can escalate quickly.
We Know the Courts. We Know the Law.
We’ve defended clients charged with weapons possession across Massachusetts, from Suffolk to Plymouth to Worcester County. Whether this is your first charge or you’ve had past run-ins with the law, we will:
- Investigate the stop and search for legal issues
- Argue the item was not a weapon under the law
- Show that you had no intent to use it dangerously
- Push for dismissal, diversion, or a plea to a lesser offense
Client Story: Landscaper’s Case Dismissed
Case Example: A landscaper was charged with carrying a dangerous weapon after he was holding a garden sheer during a verbal altercation with two individuals while he was working. After reviewing the case, we were able to have the charges dismissed.
Frequently Asked Questions
Is it illegal to carry a pocketknife in Massachusetts?
It depends. Folding knives may be legal, but double-edged, spring-loaded, or automatic knives are prohibited. Police may also claim any knife was a “dangerous weapon” depending on context.
Can I carry a weapon in my car?
Generally no—unless you have a valid license (like an LTC for firearms). Even tools or self-defense items can be considered illegal if carried without good reason.
What if I didn’t use the weapon?
You don’t have to use or even brandish the item. Mere possession in a public place can be enough to result in charges.
Facing a Dangerous Weapons Charge? Call Us Today.
A conviction for carrying a dangerous weapon can follow you for life. But with the right defense strategy, you may be able to avoid jail, keep your record clean, and move forward.
Call DeGiacomo & Mikhlin, P.C. now for a free consultation Or fill out our contact form and we’ll reach out promptly
We’re ready to stand up for you.
Also serving: Boston, Worcester, Brockton, Quincy, and courts across Massachusetts.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court