Criminal Defense Lawyers

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.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

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

• Challenging Evidence and Illegal Searches
• When Lack of Intent Can Beat the Charges
• Entrapment Defenses for Weapons Charges

Articles with More Info

• Motions to Suppress Evidence Due to Unlawful Searches
• When Weapons are Found Without Your Knowledge
• More on Fighting 3rd Degree Weapon Charges in NY

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.