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WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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What are the Defenses for 3rd Degree Weapon Charges in NYC?

Fighting 3rd Degree Weapon Charges in NYC: What You Need to Know

Getting slapped with a 3rd degree weapon charge in NYC can be scary as hell. Believe me man, I know – charges like criminal possession of a weapon or something can make you feel totally overwhelmed. But don’t freak out just yet. There are options and defenses that a good lawyer can use to help dismiss or reduce the charges. I’ll break it all down for you here so you understand what’s going on.

The Charges and Potential Penalties

In NYC, 3rd degree weapon possession charges refer to having or intending to use things like firearms, switchblades, brass knuckles, and other dangerous weapons. The potential penalties if convicted depend on your specific charge:

  • Criminal Possession of a Weapon 3rd Degree – Class D felony, up to 7 years in prison
  • Criminal Sale of a Firearm 3rd Degree – Class D felony, up to 7 years in prison
  • Criminal Purchase or Disposal of a Weapon 3rd Degree – Class D felony, up to 7 years in prison

As you can see, these are no joke. But don’t panic and do something you’ll regret. A good defense lawyer can help get the charges reduced or even dismissed.

Possible Defenses Your Lawyer Can Use

Here are some of the main ways an experienced NYC criminal defense attorney can defend 3rd degree weapon charges:

Illegal Search and Seizure

  • If the police searched you, your home, or your car without consent or a warrant, any weapons they found may not be admissible in court under the 4th Amendment
  • An attorney can file a motion to suppress the evidence due to an illegal search
  • If granted, this could result in the entire case being dismissed

Lack of Knowledge/Intent

  • For a 3rd degree criminal weapon possession charge, the prosecution must prove you knowingly possessed the weapon
  • If it somehow ended up in your home or car without your knowledge, this could invalidate the charges
  • Other defenses around lack of intent can also sometimes apply

Entrapment

  • If an undercover cop pressured you into purchasing or selling a firearm against your initial wishes, an entrapment defense may work
  • This applies when police improperly induced you to commit a crime you otherwise wouldn’t have
  • An attorney can argue you were unlawfully entrapped, which may invalidate the charges

Finding the Right Lawyer to Fight for You

The defenses above are just a few examples – an experienced NYC weapon crimes lawyer will know all the ins and outs of getting charges reduced or dismissed. That’s why finding the right attorney is so important.

Look for lawyers with a proven record of successfully defending 3rd degree weapon charges. Ask about their experience fighting cases like yours in NYC courts. Be sure they have expertise specifically around gun, knife and other weapon crimes.

Also consider lawyer reviews online from independent sites like Avvo and Lawyers.com. See what other clients have said after working with them on comparable 3rd degree weapon charges. This can give you confidence they have the skills to help build your defense.

Don’t Go It Alone – Get an Attorney Fighting For You

At the end of the day, remember that 3rd degree weapon charges should always be taken very seriously. Up to 7 years of jail time is no joke. So don’t try to handle this alone without a lawyer in your corner. Lean on an experienced professional who knows how to argue suppression motions, build strong defenses around lack of intent, and fight flaws in the prosecution’s case.

With an attorney working for you, there are absolutely ways to get these charges reduced or even dismissed. It all comes down to crafting the right defense and negotiating wisely with judges and prosecutors. So take a breath, then call up some well-reviewed weapon crimes lawyers in NYC for a free case evaluation. They can assess your specific charges, police conduct, evidence details and other factors. From there you’ll have a much better sense of the options and game plan for tackling these charges head on.

You’ve got this! It may not seem like it now, but there are always defenses and strategies for overturning or reducing charges like these. So don’t wait, connect with a lawyer today and start building your personalized plan of attack against these 3rd degree weapon allegations. We’re happy to help empower you with information and reassurance throughout this difficult process as well. Wishing you all the best brother!

Resources

Videos Explaining 3rd Degree Weapon Defenses

Articles with More Info

So there you have it man – an overview of defenses lawyers can use against 3rd degree weapon charges in NYC courts. Don’t panic, don’t lose hope. Fight back with the right legal strategies. 

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

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