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Manhattan Gun Possession Lawyer
Manhattan Gun Possession Attorney
If you or a loved one is facing gun possession charges in the New York City area, it can have life-changing consequences. These charges are very serious, and you need an experienced Manhattan gun possession lawyer in your corner as soon as possible.
At The Vitaliano Law Firm, we have years of experience defending clients in criminal cases. We are ready to get to work investigating your case, coming up with a defense strategy, and working towards a positive outcome. As a private defense firm, we can provide each client with a high level of legal representation.
What is Gun Possession in Manhattan?
Criminal possession under Penal Code 265.01 is the illegal, unlicensed possession of a gun or firearm. This means having physical control of the weapon. The NYPD arrested 4,061 people for illegal possession in 2024.
New York State has several laws for gun possession. Under New York state Penal code 265.03, it is a class C violent felony if you possess a loaded firearm outside of your home, have a loaded gun outside of business, or if you have a loaded gun, or attempt to disguise a gun with the intent to use it. Owning five or more guns is also a felony under this law.
New York City has its own regulations for gun possession, which are even more restrictive than the state laws. To own a handgun in New York City, you have to have a valid city handgun license, and to own a rifle or shotgun, you have to have a permit issued by the city.
What To Do if You Are Charged With Gun Possession in New York
If you find yourself facing gun charges in New York, it’s important to take the proper steps to protect your rights. You should:
- Remain silent
- Exercise your right to an attorney
- Contact an experienced gun possession lawyer
- Understand the charges against you
- Do not attempt to resist arrest or flee. It can result in additional charges
- Work with your attorney to gather evidence relevant to your defense
- Consider potential defenses
- Consider a plea bargain if it is in your interests
- Prepare for trial
Possible Consequences for a Gun Possession Conviction
The consequences for a conviction of gun possession charges in New York are severe. Because criminal possession is a class E felony, you can face prison time, fines, and probation. If the firearm is a rifle or shotgun, and the defendant does not have any prior convictions, this could be charged as a class A misdemeanor.
Possible Defenses for Gun Possession
The right legal strategy could help reduce gun possession charges or help you get a more favorable outcome. Some of the possible defenses include:
- Challenging probable cause for search and seizure. A common defense is challenging the police procedure for searching for and seizing the gun.
- Unlawful possession. You may be able to argue that you did not know you had the gun in your possession. If it was found in a car you were borrowing, or hidden in a place you were unaware of, it can be a valid defense.
- Lack of intent. If you are charged with possession of a firearm with the intent to unlawfully use it, your attorney could argue that you did not intend to commit a crime.
- Challenging the prosecutor’s evidence. In some cases, the prosecution may not have the evidence needed to prove gun possession beyond a reasonable doubt.
Hire a Gun Possession Lawyer in Manhattan
Being charged with gun possession in New York is a serious charge with possibly life-altering consequences. In Manhattan, 61% of gun possession cases end up with a conviction, making it essential that you hire an experienced gun possession lawyer. Navigating a gun charge requires an attorney who can scrutinize every detail of your case and identify weak spots in the prosecution, so you can get the most favorable possible outcome.
FAQs
What Are the Laws for Gun Possession in New York?
Gun possession laws in New York are governed primarily by Penal Law Article 265. These laws have strict penalties for possessing a gun without a license, loaded guns, and prohibited firearms. Most offenses are felonies ranging from Class B to E. These laws also cover criminal sales of firearms and criminal purchases.
Can I Carry a Gun in My Car Without a Permit in New York?
You can carry a gun in your car in New York, but you have to have a valid New York state pistol license. The gun cannot be loaded, and it must be in a locked container. Ammunition must be in a separate locked box, and both must be in the trunk. If you travel through the city with a gun in your vehicle, you cannot stop. Travel must be continuous.
Can You Get Probation for a Gun Charge in New York?
It is possible to get probation for a gun charge in New York. It depends on how serious the offense is and whether this is your first time being charged. A judge may look at the details of the case, such as whether the gun was used and how it was used. If the gun possession case does not involve a violent crime, probation is an option.
What Is the Minimum Sentence for Gun Possession in New York?
The minimum sentence for gun possession in New York depends on the charges. It is a class E felony, which carries a sentence of up to four years in prison according to Penal Code §265.01-b. The sentence depends on several factors, such as the criminal history, whether it is a first-time offender, or if the defendant has a prior criminal history.
Contact a Gun Possession Attorney
If you have been charged with gun possession in New York, hire a Manhattan gun possession attorney as soon as possible. The sooner you contact The Vitaliano Law Firm, the sooner we can get to work to protect your rights and secure the most positive possible outcome. Our team is committed to providing aggressive legal representation for our clients. We can review your case, explore all possible defenses, and represent you in court to protect your future.
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About us
An accomplished legal advocate, Michael E. Vitaliano is the founder and principal of The Vitaliano Law Firm, based in New York City. Mr. Vitaliano is a leading criminal defense lawyer and experienced advocate in handling all criminal matters in state and federal court.
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