Brooklyn Gun Possession Lawyer

Understanding Gun Possession Laws and the Role of an Attorney

As a general rule, individuals are allowed to possess guns per the Second Amendment to the Constitution. However, there are scenarios in which a person is not allowed to own a weapon or allowed to be in possession of certain types of weapons. Let’s look at what the law has to say about your right to possess a gun and how an attorney can help with a gun possession charge.

Restrictions on Assault Weapons

Under the SAFE Act, New York residents are not allowed to own assault weapons except for those that they had before the ban went into effect. Furthermore, those in New York City will need to show that there is a need to carry a concealed weapon prior to obtaining a permit to do so. Other restrictions may apply in a gun possession case, and your attorney can advise you of your rights as the legal process unfolds.

Traveling with a Gun in New York City

If you plan to travel in New York City with your gun, make sure that it is not loaded. Otherwise, you could be charged with violating gun laws in Brooklyn and throughout New York City. If you have a permit for the weapon that was not issued in New York City, it may not be valid within the city itself. However, your attorney may use the Firearm Owners Protection Act (FOPA) as a defense to any charge you may face.

Prohibited Use of Guns in Committing Crimes

Even if you have a right to own a weapon, you don’t have the right to use it to break the law. This is true whether or not the gun was used to commit the crime in question. For example, pointing a gun at a driver prior to taking his or her vehicle could result in an extra charge. A gun possession charge could also be added in cases where the gun wasn’t removed from a holster or otherwise used to threaten a person. An attorney may be able to argue that you didn’t know that you had the gun or that there was no intent to use it to commit a crime.

Potential Penalties for Gun Possession Conviction

There are many possible penalties that a person could face for a gun possession conviction. The severity of a sentence depends primarily on whether the charge is a misdemeanor or a felony. If the charge is a misdemeanor, you could face up to a year in prison and a fine of $1,000. If the charge is a felony, you could face up to four years in prison and a fine of up to $5,000. Other penalties may include probation or community service.

The Importance of Consulting an Attorney

It is important that you talk with an attorney prior to making any statements to the police or other authorities. Legal counsel will advise you as to what to tell an officer or anyone else who asks for details in the case. If a question is out of line or could lead to self-incrimination, your attorney will be able to point that out. This can prevent you from acting against your best interests and potentially damaging your chances of obtaining a favorable outcome in your case.

Why You Need a Brooklyn Gun Possession Lawyer

As far as gun laws go, New York has some of the toughest in the nation. As a borough, Brooklyn is known for vigorously prosecuting anyone accused of a gun possession violation. If you find that you have been accused of this crime, you will want to take it seriously as the punishment can be severe if convicted. Because of this, you do not want to trust your case to just any lawyer or public defender. You need a professional and experienced Brooklyn gun possession lawyer on your side from the beginning.

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.

Load more

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

What Constitutes a Criminal Gun Possession Charge?

In the state of New York, any person who carries a gun is required to properly register it with the state government. In many cases, a gun owner must also update the information on the gun as well. This includes such data as the serial and model number on each gun in question. Failing to register a gun properly can result in a charge of class E felony, the penalty for which is up to four years in jail if convicted. This is a lot to deal with, so retaining a Brooklyn gun possession lawyer is in the best interest of any person who is accused of such a crime.

Possession of a Gun on School Grounds

New York has strict laws in place prohibiting any type of gun on school grounds, no matter if you have a license or not. If you are found to be in possession of a gun on the grounds of any facility designed to be used for educational purposes, you may be charged with an automatic felony charge. This includes schools, universities, colleges, and school buses. Again, the penalty for this charge is a maximum of four years in prison if convicted.

Special Laws for Individuals Under the Age of 16

People under the age of 16 are generally not permitted to be in possession of a gun in the state of New York. This includes air guns and spring guns as well. If you are in this position and are charged with a crime, it will be treated as a juvenile delinquency. Such a charge can have negative consequences and impact your educational opportunities, as well as put current plans on hold. This is another reason to involve a Brooklyn gun possession lawyer as early on in the process as possible.

Different Charges That Can Be Levied in Brooklyn

New York law provides for charges ranging from criminal possession of a weapon in the fourth degree to the first degree. Each has specific parameters that must be met before being charged, and each carries a different set of possible punishments. At the low end, a charge of criminal weapons possession in the fourth degree is a class A misdemeanor. If convicted, you are looking at up to a year in jail, in addition to fines being levied. Such a charge is usually levied against a person that is accused, for the first time, of being in unlawful possession of a gun that contains ammunition. At the upper end, criminal gun possession in the first degree is the most serious charge and is a class B felony. This is levied against a person who is in possession of what is classified as a serious weapon, and it is punishable by up to twenty-five years in prison.

If you have been charged with gun possession, it is important that you have quality counsel representing your best interests. Even if you don’t win your case entirely, a plea deal could help you avoid some or all of the most serious penalties associated with the charge. This may mean getting probation instead of jail time, which could make it easier to care for yourself and your loved ones during legal proceedings and after your case is resolved.

Don’t deal with a Brooklyn Gun Possession Lawyer alone. Speak to the Spodek Law Group today.