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Brooklyn Gun Possession Lawyer
Seasoned Brooklyn Gun Possession Attorney
Gun arrests in Brooklyn often lead to felony charges. Prosecutors may charge someone with possessing a loaded firearm or unlawfully possessing a gun. A Brooklyn gun possession lawyer can review the details of an arrest to determine where police found a gun, whether they had the legal right to search an individual, and whether prosecutors can prove possession. New York’s gun possession laws are quite strict, and charges can vary, depending on the weapon and circumstances.
The Vitaliano Law Firm: A Skilled Brooklyn Gun Possession Defense Firm
At The Vitaliano Law Firm, our attorneys represent clients accused of criminal offenses in Brooklyn and all of New York City. Michael Vitaliano served as a New York City prosecutor who worked in the Complex Crimes Bureau. He gained extensive experience by prosecuting cases involving illegal guns, drug trafficking, murder, robbery, and other serious crimes.
Mr. Vitaliano handled pretrial hearings and trials in Brooklyn’s superior criminal courts. As a defense attorney, he now applies that experience to defending clients charged with crimes in federal and state court.
Understanding Brooklyn Gun Possession Charges
The NYPD reports that law enforcement officials seized 1,054 firearms across New York City from January 1 to March 26, 2026. Brooklyn saw 305 of those gun seizures, the most in the city.
New York law treats weapons cases differently based on several factors. The kind of gun and how it was possessed are factors that affect the specific charge. Past criminal history and other surrounding events also shape how the law is applied.
New York law defines criminal gun possession under Section 265.01-b of the state’s penal code. A person can be found guilty of criminally possessing a firearm when they have a gun under the circumstances described in this law. This offense is punishable as a Class E felony.
What If a Person Is Discovered With a Loaded Gun?
Possessing a loaded firearm can lead to more severe charges. New York Penal Law § 265.03 addresses second-degree weapon possession. For example, the law prohibits recklessly handling a firearm in a manner that endangers another person. Someone can also be charged if police find them with a loaded gun and they intend to unlawfully wield it against someone.
Additionally, the law outlines the penalties for illegally possessing a loaded, concealable firearm outside your dwelling or workplace. Second-degree criminal weapons possession constitutes a Class C felony.
Weapons charges vary based on where someone allegedly possessed the gun. For this reason, the location where police make an arrest is important. Gun arrests by police on patrol in Brooklyn may occur for several reasons. For instance, if your charge relates to an alleged traffic violation on Flatbush Avenue or the Brooklyn-Queens Expressway, your case may involve different legal questions than if you were arrested inside your home or vehicle.
Simply put, possession means that a person had physical control over something. However, prosecutors might still bring charges for gun possession, even if the individual wasn’t directly holding the weapon.
Where Brooklyn Gun Cases Are Tried
Brooklyn criminal charges are prosecuted in Kings County. The Kings County Criminal Court handles misdemeanor and felony cases at 120 Schermerhorn Street, Brooklyn, NY 11201, between Livingston and Smith Streets. Felony prosecutions may be heard in the Kings County Supreme Court, Criminal Term, at 360 Adams Street.
Hire a Gun Possession Lawyer in Brooklyn
If you hire a gun possession lawyer to represent you, they can:
- Evaluate the prosecutor’s evidence against you.
- Analyze the facts of a search or seizure to determine what the prosecutor must prove.
- See whether the prosecution can prove knowing possession.
Your Brooklyn gun possession attorney can also evaluate any statement the prosecutor wants to use that was allegedly made by you. They can then:
- File any necessary pretrial motions.
- Cross-examine witnesses at any hearings on those motions.
- Negotiate with the prosecutor if necessary.
Finally, your attorney can prepare for trial if necessary. A felony gun possession case demands a deep dive into the statute and the evidence that could establish each element of the alleged crime.
FAQs
What Happens If You’re Caught With a Gun in New York?
In New York, being caught with a gun can be either a felony or a misdemeanor offense. For instance, criminally possessing a firearm can be a Class E felony. Having a loaded firearm, under certain circumstances, would be a Class C felony as a second-degree offense. When you hire an attorney, they can explain the details of your specific charge.
Can You Legally Possess a Handgun in New York?
Handguns can be legally possessed in New York, but you generally need a license to possess a handgun. New York State law controls who can possess handguns. Those laws also govern how a person can apply for a license to carry a handgun and where handguns are not allowed. The exact charge varies, depending on circumstances such as the kind of firearm and whether it was loaded.
Can I Carry a Loaded Gun in My Car in New York?
Merely having a loaded handgun in your car can result in serious criminal charges under New York law. Unless the person is legally authorized to possess the handgun, possession of a loaded firearm outside a person’s workplace or home can lead to criminal charges. Some exceptions may apply, so it’s important to discuss your charges with an attorney.
What Is the Minimum Sentence for Gun Possession in NY?
New York gun possession offenses do not all have the same minimum sentence. The penalties that convicted criminals face depend on the offense and circumstances surrounding the crime. However, the more serious the crime is considered, the higher the sentence may likely be. Additionally, those with prior convictions are at risk of facing higher penalties than those who are charged with their first offense.
Contact The Vitaliano Law Firm Today
If you have been charged with gun possession, The Vitaliano Law Firm can advocate for your rights and future. Contact us today for more information about your gun case and what we can do for you.
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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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