Staten Island Gun Possession Lawyer

Staten Island Gun Possession Lawyer

Staten Island Firearms & Gun Possession Attorney

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.

The Vitaliano Law Firm: Staten Island Firearm and Gun Possession Lawyers

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.

Understanding Criminal Possession of a Gun in Staten Island

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:

  • A pistol or revolver
  • A shotgun with one or multiple barrels shorter than 18 inches
  • A rifle with one or multiple barrels shorter than 16 inches
  • A weapon made from a rifle or shotgun that has been modified to be less than 26 inches long
  • An assault weapon
  • Any other weapon which expels a projectile via explosion by use of a fire control component

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:

  • Location of possession, such as a home, school, car, or business
  • Whether the firearm was allegedly used in another crime

Several gun charges in the state carry a mandatory minimum sentence.

Penalties for Gun or Firearm Possession in Staten Island

The state has several penalties for criminal possession of a weapon or firearm. These include:

  • Fourth-Degree Criminal Possession of a Weapon: A person carries any outlawed weapon or unregistered firearm. This is a Class A misdemeanor that results in up to 1 year in jail.
  • Criminal Possession of a Firearm: A person knowingly possesses a workable firearm. This is charged as a Class E felony that results in 1 to 4 years in prison.
  • Third-Degree Criminal Possession of a Weapon: This is a Class D felony and results in 2 to 7 years in prison. This charge may be filed if a person defaces a weapon so that the identifier is unreadable, if a person with a criminal record possesses a firearm, or if a person is found possessing three or more firearms.
  • Second-Degree Criminal Possession of a Weapon: This is a Class C felony. Penalties include a prison term lasting from 3.5 to 15 years. A person may be charged with this if they illegally possess a loaded handgun, possess 5 or more firearms, or possess a weapon with intent to use it unlawfully.
  • First-Degree Criminal Possession of a Weapon: This is the state’s most severe weapon charge, and it is a Class B felony. This is punishable by 5 to 25 years in prison. This may be charged if a person is in possession of 10 or more firearms or if they possess an explosive device and intend to use it against a person.

Gun Crimes Attorneys FAQs

Q: Can Gun Charges Be Dropped in NYC?

A: In some cases, gun charges can be dropped. A criminal defense attorney can prove one of the following:

  1. The search and seizure of the weapon was illegal.
  2. The person did not have actual possession of the weapon.

Your attorney can look at the facts of your case to see if these defenses may apply.

Q: How Long Do You Go to Jail for Gun Possession in NYC?

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.

Q: Can You Get Probation for a Gun Charge in NYC?

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.

Q: What Is a Second-Degree Weapons Charge in New York?

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:

  • Possession of 5 or more firearms
  • Possession of a weapon with intent to use it illegally
  • Possession of a loaded handgun, disguised gun, or a machine gun

It is a Class C felony and carries 3.5 to 15 years in prison.

Staten Island Criminal Defense

Any form of criminal charge can be overwhelming. Contact The Vitaliano Law Firm today to see how we can advocate for your rights.