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