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new york possession of a weapon lawyer

March 21, 2024 Uncategorized

New York Possession of a Weapon Lawyer

If you’ve been charged with possessing an illegal weapon in New York, you need a good lawyer, plain and simple. Weapon possession charges are serious business with steep penalties if convicted. Let’s break it down:

New York Weapon Possession Laws

There are a bunch of laws about possessing weapons in New York. Some key ones:

  • It’s illegal to possess guns, knives, brass knuckles, and other weapons without a permit[1].
  • Having a loaded gun outside your home without a permit is a felony[2].
  • Possessing large capacity ammunition magazines is banned[3].
  • Switchblades, gravity knives, and stun guns are prohibited[4].
  • There are enhanced penalties for possessing weapons at schools or on school grounds[5].

Bottom line – it’s really strict. There are some exceptions if you have a valid permit, but otherwise, just having a weapon on you can mean big trouble.

Penalties for Weapon Possession

If you’re convicted of possessing an illegal weapon in New York, you’ll face:

  • Jail time – weapons felonies can mean years behind bars[6].
  • Fines – up to thousands of dollars.
  • A criminal record – which hurts jobs, housing, etc.
  • Other collateral consequences – like immigration issues or professional license problems.

Scary stuff. You want to avoid conviction at all costs.

Fighting Weapon Possession Charges

So what can you do to beat a weapon possession charge? Here are some strategies a good lawyer might use:

  • File a motion to suppress evidence if there was an illegal search or seizure.
  • Challenge whether you actually “possessed” the weapon.
  • Argue you had a valid license or the weapon was antique, ornamental, etc.
  • Negotiate a plea deal to lesser charges like disorderly conduct if possible.
  • Take the case to trial and put the DA to their burden of proof.

A skilled NYC defense lawyer knows how to navigate these issues and fight to get charges reduced or dismissed. Don’t go it alone.

Why You Need a Lawyer

Trying to defend against weapon possession charges solo is a bad idea. Here’s why having a lawyer is critical:

  • They know how to challenge evidence and statements made to police.
  • They can negotiate better plea deals with the DA than you can.
  • They understand complex gun laws and defense strategies.
  • You avoid mistakes – self-defense can backfire without an expert.
  • Lawyers get better results – up to 60% reduction in fines/sentences.

Don’t play around with weapon charges. The stakes are too high. Hire a lawyer.

Finding the Right Lawyer

Not just any lawyer will do. For the best chance of beating a weapon possession charge, find one who:

  • Focuses specifically on gun and weapon crimes.
  • Has experience defending weapon cases in your area.
  • Is aggressive – willing to take cases to trial if needed.
  • Has a track record of good results for clients.
  • You feel comfortable and can trust.

Ideally, a former prosecutor who knows how the DA thinks. Do your research to pick the right weapon crimes lawyer.

The Bottom Line

Getting arrested for possessing a weapon in New York is scary; the laws are harsh and unforgiving. But with an experienced criminal defense lawyer on your side, you can give yourself the best chance of beating the charges. Don’t wait – call a lawyer today for a free case evaluation.

They’ll protect your rights, clearly explain your options, and fight relentlessly to achieve the best possible outcome. With so much at stake, a top gun crimes lawyer is an investment you can’t afford to skip.

References

[1] NY Penal Law Section 265.01

[2] NY Penal Law Section 265.03

[3] Large Capacity Ammunition Ban

[4] NY Penal Law 265.01

[5] NY Penal Law 265.06

[6] Weapon Possession Sentencing Guidelines

NYC Gun Possession Penalties

Challenging Illegal Searches

Challenging Constructive Possession

Valid Weapon Licenses in NY

Plea Deals in Gun Cases

Trial Defenses for Weapons Charges

Risks of Self Representation

Lawyers Negotiating with Prosecutors

Complex Gun Laws

Risks of Self Defense Claim

Benefits of Legal Representation

Finding a NY Criminal Defense Lawyer

Working with a Criminal Defense Lawyer

 

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Todd Spodek

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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