Armed Career Criminal Sentencing Enhancement

In 1998, the Massachusetts State Legislature enacted General Laws Chapter 269, Section 10G, otherwise known as the Armed Career Criminal Statute.

The Massachusetts Armed Career Criminal (“ACC”) Statute imposes enhances penalties for defendants who have been previously convicted of a ‘violent crime’ or a ‘serious drug offense’.

• ACC Level 1: A defendant indicted as an Armed Career Criminal Level I faces additional punishment in state prison of ‘not less than three (3) years nor more than fifteen (15) years.’

• ACC Level 2: A defendant indicted as an Armed Career Criminal Level II faces additional punishment in state prison of ‘not less than ten (10) years nor more than fifteen (15) years.’

• ACC Level 3: A defendant indicted as an Armed Career Criminal Level III faces additional punishment in state prison of ‘not less than fifteen (15) years nor more than twenty (20) years.’

For purposes of what prior convictions may be used as a basis for an Armed Career Criminal indictment, the statute broadly interprets a “serious drug offense” with even those Drug Crimes to which a defendant may have been pled guilty in district court. For example, a conviction in the district court to the crime of Possession with Intent to Distribute a Class B Substance may subject the defendant to a later Armed Career Criminal indictment.

Generally, ‘serious drug offenses’ are that that involve the manufacture, distribution or possession with the intent to distribute a controlled substance and whose potential sentence is at least ten (10) years or more.

For purposes of the Armed Career Criminal Statute, a “violent crime” is defined as any crime punishable by imprisonment for a term exceeding one (1) year.

In order, however, for a juvenile conviction to be used as a predicate offense for purposes of the Armed Career Criminal statute, the juvenile conviction must have been one involving the use or possession of a deadly weapon that:

• has as an element the use or threatened use of physical force or a deadly weapon against the person of another;

• is Burlary, Extortion, Arson or Kidnapping;

• involves the use of explosives; or

• otherwise involves conduct that presents a serious risk of physical injury to another.

Boston Criminal Lawyer Lefteris K. Travayiakis has experience in defending persons against Crimes of Violence and Drug Crimes where he or she has been indicted as an Armed Career Criminal, and has obtained acquittals against these serious charges. See Case Results.

To schedule a Free Consultation with Attorney Lefteris K. Travayiakis, Contact Us Online or call 617-325-9500.