New York City Gun Lawyer
If you are facing a gun-related criminal charge in New York, it is critical to contact a distinguished criminal lawyer who can answer any questions you are having. Facing any type of criminal charge can be scary and overwhelming. Gun-related offenses are harshly prosecuted given the state’s tough weapons laws.
These specific charges are especially frightening because most gun crimes are felonies. In New York, felonies are punishable by at least one year in prison, and many felonies are punishable by years-long sentences. If you are facing state or federal weapons charges, contact a New York City gun lawyer who can work hard to defend you against these charges. En Español
Gun-Related Crimes in New York City
New York’s gun laws are among the strictest in the nation. Even though citizens have a federally protected Constitutional right to bear arms, the state can still dictate what type of weapons New York residents can own.
State law also limits who can own a firearm, which means that residents must go through a licensing process to carry or even possess certain types of guns. New York criminal laws define numerous gun-related charges, such as:
- Criminal possession of a firearm
- Criminal sale of a firearm
- Criminal use of a firearm
- Assault with a deadly weapon
- Arms trafficking
- Possession of a firearm on school grounds
- Carrying an unlicensed pistol or handgun
Weapons charges like those listed above are serious criminal offenses. Anyone charged with such a crime should contact a New York gun attorney immediately for an experienced legal defense.
What Constitutes Criminal Possession of a Weapon?
One of the most common gun-related charges in New York is criminal possession of a firearm. This can include owning an illegal gun, such as a sawed off shotgun, or owning banned ammunition, including armor-piercing bullets. Felons accused of being in possession of a firearm may also face this charge.
Criminal possession of a firearm is charged in degrees, with a fourth-degree charge being a misdemeanor charge. The first-degree charge of criminal possession of a weapon is the most serious of these charges, and can mean conviction can result in 25 years in prison.
In some cases, criminal possession of a weapon charge may be elevated from a lower degree to a higher degree (such as from fourth to third degree) if the accused had a prior conviction. It is imperative that anyone facing these charges speak with a New York City gun attorney who can protect their rights.
How is Assault with a Deadly Weapon Defined?
An assault is an intentional action where someone means to cause physical harm, or attempts to cause physical harm, to another. When someone uses a firearm to commit an assault, they could face various degrees of assault charges.
A first-degree assault charge, when someone uses a weapon with the intent to cause serious bodily harm, is a Class B felony. This charge is punishable by up to 25 years in prison. Other, less serious assault charges may still to lead to incarceration upon conviction.
As with any violent crime, someone charged with assaulting another with a deadly weapon, such as a gun, will face tough prosecution. It is important that anyone charged with such a serious offense contact a gun attorney in New York City as soon as possible.
Dealing with Firearm Suspension
The right to bear arms is protected under the Constitution. Although New York City has a stringent process to obtain a gun license, once a person has a permit, they can possess a firearm as long as they are in accordance with the law in terms of when and how they carry their weapon.
Apart from offenses that may involve the use of a firearm, unrelated events could jeopardize a person’s right to bear arms. Allegations of domestic violence may lead a court to order the surrender of guns until the resolution of the case. Similarly, a person facing charges involving other violent acts or incidents that call their mental health into question also may face confiscation. A New York gun lawyer could help someone fight to keep their gun permit when facing criminal charges.
How We Resolve Gun Charge Cases
There are different ways our firm can help you get a favorable outcome in a weapons-related criminal case. If we can attack the state’s evidence and establish the prosecution lacks the evidence to win at trial, it may be possible to have your charges dismissed completely. If the prosecutors won’t dismiss your charges, our firm can represent you at your trial. Trying your case comes with some risks, but an acquittal means the state can never bring the charges back.
These cases also frequently end with a plea bargain. If the evidence against you is strong, the best path forward might involve negotiating with the state for reduced charges or even the possibility of keeping your record clean if you meet certain conditions.
Common Defenses in New York Gun Cases
Gun charges in New York carry steep penalties, but several legal defenses can be raised depending on the circumstances. An experienced attorney will carefully analyze the facts to determine the most effective strategy.
Unlawful Search and Seizure
Many gun cases begin with a traffic stop. If law enforcement lacked reasonable suspicion or probable cause to pull you over, any search that follows the stop may be unconstitutional. Any firearm discovered through an unlawful search can be suppressed, which may often lead to its dismissal.
Lack of Knowledge
Some gun charge arrests are the result of an honest mistake. You could have a valid defense strategy if you can show that you were unaware that the weapon in questions was present at the time of your arrest. This is most common when a gun is found in a communal space within a home or vehicle.
Improper Chain of Custody
The state has an obligation to preserve and document any evidence they collect in a criminal case, including firearms. If there are gaps in the chain of custody, your attorney could make the case that the evidence was tampered with. The chain of custody is the paper trail that explains who had physical control of the weapon from the point of arrest until the time of trial.
Actual Innocence
One of the easiest defense strategies to explain is actual innocence. This approach means that you are arguing that either you did not commit the crime or that no offense was committed at all. With gun charges, you might be able to show you were authorized to carry the weapon at the time of your arrest, or that you were not armed at all.
Duress
In rare cases, a defendant may argue that they only possessed a weapon because you were under duress. If you can show that you were forced under threat of violence to violate New York’s gun laws, you can use that as a defense. Of course, the challenge proving to a jury that you were genuinely in fear of harm.
Hiring a New York City Gun Attorney
If you or a loved one are facing any weapons charge in New York, call a criminal defense lawyer today. Your attorney can work hard to help you avoid conviction where possible, or to reduce your charges. Learn more about what a dedicated New York City gun lawyer could do for you.