If you’re already on probation in Massachusetts and you’re arrested or summonsed for a new drug charge, you’re facing a new drug charge under Massachusetts General Laws c. 94C and a potential probation violation under M.G.L. c. 279.
In our experience handling these situations in Worcester District Court and Worcester Superior Court, a new drug charge almost always triggers action by the Massachusetts Probation Service (MPS) and the Worcester Probation Office, even before the new case is resolved. Your probation officer can issue a surrender If you’ve been charged with a gun crime and you have a prior record, you’re probably hearing terrifying terms like “mandatory minimum,” “ACCA,” or “Habitual Offender”, but each one comes from a different statute with very different consequences.
Federal ACCA, Massachusetts Armed Career Criminal (§ 10G), and the state Habitual Offender law (§ 25) are three separate enhancement systems, and they apply in completely different situations. In our experience analyzing criminal histories in Worcester County Superior Court, the difference between these three laws often determines whether you’re facing 3 years or 20 years in prison.
At MVSLLP, we know how to read a CORI, RAP sheet, and federal NCIC printout to determine which enhancement (if any) actually applies in your case and which ones we can defeat using 2025 case law.
The “Three Strikes” Reality: Federal vs. State Frameworks
If you have prior convictions, you’ll face enhanced sentences under the Federal ACCA, as well as the Commonwealth’s Habitual Offender law and Massachusetts § 10G, but each one is different.
(Federal ACCA vs. MA § 10G Tiers vs. MA § 25 Habitual Offender)
How Does the Federal Armed Career Criminal Act (ACCA) Work in 2025?
In 2025, the Federal Armed Career Criminal Act (ACCA) means that you’re facing a 15-year mandatory minimum if you’re a convicted felon in possession of a firearm (18 U.S.C. § 922(g)) with three qualifying priors.
What we’re talking about is the “Occasions Clause,” which no longer means what it once did. Under the ACCA, the sentencing enhancement appears in 18 U.S.C. § 924(e). Erlinger built on Wooden v. United States, 595 U.S. 360 (2022), which held that multiple crimes from a single incident aren’t automatically separate ACCA predicates.
Erlinger v. United States (June 21, 2024) introduced some specific changes to that clause. Before Erlinger, a judge had the discretion to decide if those three qualifying priors happened at the same time or at different times. Post-Erlinger, a jury has to unanimously decide whether your priors occurred on “different occasions.”
Massachusetts § 10G: The State-Level Enhancement
Massachusetts adds mandatory minimums on top of the underlying gun charge under M.G.L. c. 269 § 10G, which means they run consecutively, not concurrently.
2025 Sentencing Ranges
- Level 1 – § 10G(a): If you have 1 prior, you could get 3 to 15 years.
- Level 2 – § 10G(b): With 2 qualifying priors, sentencing jumps to 10 to 15 years
- Level 3 – § 10G(c): Those with 3 qualifying priors could be sentenced to 15 to 20 years.
Do Juvenile Records Count? (The Trap)
Yes, juvenile records count for the Federal ACCA and for Massachusetts § 10G, but they do not count for Massachusetts Habitual Offender sentencing under § 25.
However, that plays out differently depending on the law in question.
Federal ACCA: Yes, if there’s a weapon involved.
Massachusetts Armed Career Criminal (§ 10G): Yes, based on Commonwealth v. Baez, 480 Mass. 328 (2018).
Massachusetts Habitual Offender (§ 25): No, juvenile adjudications are excluded under § 25(c).
Important 2024 Update: Life Without Parole
Massachusetts can’t impose Life Without Parole if you were under age 21 at the time of the offense, under Commonwealth v. Mattis (April 9, 2024), even if you’re considered a habitual offender.
Which Prior Convictions Actually Qualify? (The “Categorical Approach”)
The only prior convictions that count are those that “categorically” involve violent force.
The U.S. Supreme Court’s decision in Borden v. United States, 593 U.S. 420 (2021) means that reckless crimes (like many Massachusetts reckless A&B cases) don’t count as violent felonies for the Federal ACCA. In other words, just because a paper says “assault”, it doesn’t mean it counts.
You can learn more about federal recommendations in cases like this within our guide to federal gun charges.
Dual Sovereignty: Can You Be Prosecuted Twice?
Yes, under the dual-sovereignty doctrine, both federal and state prosecutors can charge you for the same conduct, as upheld in Abbate v. United States, 359 U.S. 187 (1959).
However, while they can prosecute you for both, the reality is that one usually takes the lead (usually federal charges). In these situations, you’ll face consecutive sentencing, because state time doesn’t count toward federal time. This means you could serve your state sentence, and then begin your federal sentence afterward.
If federal agents contacted you, contact us immediately. Do not speak with them without counsel.
Defenses We Use to Strike Predicates
We use three different defenses to strike predicates: the Shepard document review, the Separate Occasions clause, and vacating old convictions.
Our goal is to go after old priors, not just the new charge.
1. Shepard Document Review
You can think of this defense as attacking the paperwork. Was it a plea? Did it go to trial? We review Shepard-approved documents to decide whether the prior conviction actually qualifies. Police reports and summaries don’t count. Only pleas, indictments, jury instructions, and verdict slips do.
2. Separate Occasions (Erlinger Defense)
This is the clause that affects whether prior offenses happened at the same time or not. After Erlinger (2024), we push for a jury trial on the dates of any priors to try to eliminate ACCA eligibility.
3. Vacating Old Convictions
We file Rule 30 motions in Massachusetts courts to vacate old pleas based on “ineffective assistance of counsel, which removes the predicate from the equation.
Vacating just one predicate can remove the entire ACCA or § 10G enhancement.
Why Local Worcester Expertise Matters
Local Worcester expertise matters because it means that we’re familiar with the specific judges in Worcester Superior Court and how they interpret “violent crime” definitions under c. 140 § 121.
If you’re facing a gun charge with prior convictions, don’t wait. Contact us today to schedule your free consultation. ggieri, LLP.
