Deadly weapon enhancement denied. Client was arrested along with a co- conspirator after an undercover police investigation utilizing consensual wiretaps. Client was charged in Gettysburg, Adams County, Pennsylvania with Two counts of Possession with Intent to Distribute 455 grams of Methamphetamine, Conspiracy to Commit Possession with Intent to Deliver 455 grams of Methamphetamine, unlawful use of a communication device and two counts of Violation of the Uniform Firearm Act.
Client was being offered over 6 years of state incarceration with a court appointed attorney. Client’s family decided to hire the legal team at Kenny, Burns & McGill to help her plight. Attorney Kenny jumped right into action protecting the interests of his client.
Turns out the client suffered from a severe drug addiction and was only trafficking drugs to feed her bad habit. Client also had many other mitigating circumstances in her life.
To make it worse the Commonwealth was attempting to enhance the client’s sentence by asking the Court to include a deadly weapon enhancement which would expose the client to an additional 14 months of potential incarceration. The Government’s theory was that the guns that the client possessed in a car during a drug deal helped her in her ill gotten ways.
Attorney Kenny countered that the guns were not on her person or immediately available to her and therefore the enhancement did not apply. The Court agreed with Kenny and denied the motion by the Commonwealth to impose the sentencing enhancement. Client received a mitigated sentence through Attorney Kenny’s hard work and client and family were very relieved. Deadly weapon enhancement denied.
By
Kenny, Burns & McGill
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Published
February 25, 2021
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Posted in
Criminal Defense
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Tagged criminal defense lawyers, criminal lawyers, deadly weapon possessed, deadly weapon used, gun possession, pa criminal lawyers, pennsylvania criminal lawyers, possession with intent to deliver, sentencing enhancements
