New York takes gun control laws very seriously. Possessing a gun without a license is illegal. An unlawful firearm possession charge may be a felony or a misdemeanor that can lead to fines and jail time. Facing a weapons charge like gun possession is serious, and a criminal conviction can alter your future by limiting housing and employment opportunities. The most effective way to protect your rights and your future is to work with qualified criminal defense attorneys.
Everyone deserves fair and strong representation in the court of law. If you or a loved one has been charged with firearm possession, these criminal charges are very serious. You will be dealing with the state’s prosecution, which has significant time and resources. It’s essential that you have a criminal defense with resources and experience.
At The Vitaliano Law Firm, our attorneys have experience working as prosecutors, meaning we have a unique understanding of how they work and how to strengthen your defense. Our years of experience with criminal defense allow us to effectively craft a defense for your unique situation, using our knowledge of cases like yours. We are proud to serve the Staten Island area and surrounding communities. We understand the effect that criminal conviction has on individuals and their lives. Let us help you protect your rights and work to mitigate or eliminate your conviction and penalties.
Criminal possession of a gun or firearm means that you are found possessing a firearm without a license to do so. Having “possession” of a firearm means that the police find actual or constructive evidence of firearm possession.
Most gun charges in New York are included under criminal possession of a weapon laws. These laws include other weapons, such as certain types of knives, or even ammunition. New York also has specific firearm possession laws. A firearm in the New York penal code refers to:
The penal code’s definition of firearm explicitly excludes antique firearms. Properly registered firearms are exempt from possession laws. However, it’s important to know that not all parts of the state have the same gun laws. New York City, for example, has unique licensing requirements that you must complete, in addition to statewide registration, if you want to bring a firearm to the city.
There are several factors that influence how severe a firearm or weapon possession charge is. This includes:
Several gun charges in the state carry a mandatory minimum sentence.
The state has several penalties for criminal possession of a weapon or firearm. These include:
A: In some cases, gun charges can be dropped. A criminal defense attorney can prove one of the following:
Your attorney can look at the facts of your case to see if these defenses may apply.
A: The most common gun possession charge is fourth-degree criminal possession of a weapon. This is a misdemeanor which carries 1 to 4 years in prison. The most serious gun possession charge is first-degree criminal possession. This is a Class B felony, which can be punished by 5 to 25 years of incarceration.
A: Depending on the circumstances of a conviction, you could get probation in place of your jail or prison sentence. If it is your first offense, and there were no aggravating factors, such as an intent to use it or to use it in another crime, the judge may be lenient and grant you probation when you are convicted.
A: In New York, gun charges are mostly included as part of weapon charges. A second-degree criminal possession of a weapon includes the following crimes:
It is a Class C felony and carries 3.5 to 15 years in prison.
Any form of criminal charge can be overwhelming. Contact The Vitaliano Law Firm today to see how we can advocate for your rights.