Gun Charges in Long Island: Available Defenses and Mitigating Factors

Gun Charges in Long Island: Available Defenses and Mitigating Factors

Facing gun charges in Long Island can be an incredibly stressful and frightening experience. As a Long Island resident myself, I understand the fear and uncertainty that comes with potentially losing your freedom over weapon possession charges. However, there are often defenses and mitigating factors that a knowledgeable attorney can use to fight the charges against you or reduce the penalties if convicted. In this article, I’ll break down some of the most common gun crimes on Long Island, potential defenses, and factors that may help mitigate sentences.

Common Gun Crimes in Long Island

There are a range of weapon and firearm charges in New York state law, but some of the most common gun crimes that defendants face in Long Island courts include:

• Criminal Possession of a Weapon in the Second Degree (PL § 265.03): Charged when a person knowingly possesses a loaded firearm outside their home or business. This is a Class C felony punishable by up to 15 years in prison.
• Criminal Possession of a Weapon in the Third Degree (PL § 265.02): Charged when a person knowingly possesses a firearm that is defaced for the purpose of concealment or prevention of detection. This is a Class D felony punishable by up to 7 years in prison.
• Criminal Sale of a Firearm in the Third Degree (PL § 265.11): Charged when a person unlawfully sells, exchanges, gives or disposes of a firearm to another person. This is a Class D felony punishable by up to 7 years in prison.
• Criminal Possession of a Firearm (PL § 265.01-B): Charged when a person knowingly possesses a firearm and has been previously convicted of any felony or serious offense. This is a Class C felony punishable by 3.5 to 15 years in prison.

As you can see, many gun charges in Long Island carry lengthy prison sentences if convicted. However, experienced defense attorneys know how to fight these charges utilizing various defenses and mitigating factors.

Defenses Against Long Island Gun Charges

Some of the most common defenses against gun charges on Long Island include:

Lack of “Knowing” Possession

Many weapon possession charges require prosecutors to prove you knowingly possessed the firearm. But what if you borrowed a friend’s bag and didn’t know there was an unlicensed gun inside? Or someone left a firearm in your car without your knowledge? Lack of knowing possession may get the charges dismissed.

Transitory Possession

If you can prove you only possessed the weapon very briefly in order to dispose of it safely or turn it over to law enforcement, you may be able to claim transitory possession. This defense argues there was no criminal intent behind the brief possession.

Justifiable Possession

There are certain lawful reasons for possessing firearms even without a permit in New York, such as taking the weapon directly to the police station after finding it. If your possession was legally justifiable, this defense may defeat the charges.

Unlawful Search and Seizure

If police conducted an illegal search of your home, car or person that led to the discovery of a firearm, an attorney can file a motion to suppress the weapon evidence. This may result in a dismissal if the search is deemed unconstitutional.

Mitigating Factors for Reduced Sentences

If some defenses are unsuccessful, an experienced lawyer will also present mitigating circumstances to the judge in an effort to reduce penalties. Some factors that may result in more lenient sentences include:

• Minimal or No Criminal Record: First-time offenders often receive lower sentences.
• Age of Defendant: Young defendants typically get sentenced more leniently.
• Non-Violent Offense: Illegal possession is viewed as less serious than violent crimes with a gun.
• Family Dependence: Defendants with children or family members dependent on them may get lower sentences.
• Mental Health Issues: Judges may consider mental health conditions as a mitigating factor.
• Proof of Employment/Education: Showing positive ties to the community through work, schooling, etc. may help reduce sentences.
• Cooperation with Police: Admitting fault and aiding police investigations may be viewed favorably.
• Drug/Alcohol Addiction: Participation in rehab may persuade judges to lower penalties.

By presenting these mitigating circumstances, defense lawyers can sometimes take felony charges down to misdemeanors or achieve probation sentences instead of years in state prison.

Finding the Right Lawyer for Your Case

As illustrated above, defending against gun charges requires an intimate understanding of New York firearm laws and sentencing practices in Long Island courts. Not all defense attorneys have this specialized experience. I’d advise anyone facing weapon possession charges to choose legal representation carefully. Look for lawyers with proven experience getting gun charges reduced or dismissed in Nassau County and Suffolk County. The lawyer’s familiarity with local judges and prosecutors can make a huge difference.

For example, the defense attorneys at Not Guilty LI focus exclusively on criminal charges in Long Island courts. With offices throughout Nassau and Suffolk, they leverage relationships with local officials to craft sentencing arguments that resonate with Long Island judges. They also pursue every viable defense including getting illegal searches thrown out to achieve full dismissals.

The consequences for weapon convictions are extremely severe in New York. But knowledgeable defense representation can help Long Islanders fight gun charges and mitigate outcomes. I encourage anyone facing such charges to learn their rights, understand their options fully, and choose counsel wisely. The next few years of your life truly hang in the balance.