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Last Updated on: 26th August 2023, 10:43 pm
Criminal Possession of a Weapon in New York City: How a Criminal Defense Attorney Can Help
Criminal possession of a weapon is an extremely serious offense in New York City, and it is outlined in Article 265 of the New York Penal Law. This crime carries flexible punishment but is often considered as a criminal offense that can result in mandatory minimum terms of incarceration. At Spodek Law Group, we understand the gravity of this charge and have over 30 years of combined experience defending residents against weapons charges.
Types of Weapons Charges in New York City
New York has strict laws when it comes to illegal weapons possessions, and there are different types of weapons charges that one can face. The severity level depends on the type and deadliness level of the weapon involved. For instance, possessing an assault weapon or military-style automatic or semi-automatic weapon will almost always result in felony charges.
Possessing a loaded firearm without proper licenses outside your home or business premises is also considered as a felony punishable by at least three and half years imprisonment even for first-time offenders with no prior criminal record.
On the other hand, possessing knives or switchblades may lead to up to one year’s jail term while having pistol magazines capable of holding more than ten rounds may also attract felony charges.
Even Innocent Objects Can Result In Weapons Charges
It might surprise you that you could be charged with a weapon-related crime even if what you were holding during arrest was not typically used as such. For example, frying pans are not usually used as weapons; however, if officers believe that you threatened someone using it or assaulted another person with it physically, then you could be facing severe weapons charges.
Severity Of Charges
The seriousness level increases depending on how deadly the object being possessed is. If convicted for any form of illegal possession under Article 265 NYPL (New York Penal Law), individuals face mandatory minimum sentences ranging from probation to life imprisonment.
How a Criminal Defense Attorney Can Help
At Spodek Law Group, our attorneys have vast experience in handling criminal cases from every angle. Our team includes former assistant district attorneys, and the firm was founded by New York prosecutors. Therefore, we know how to handle weapons crime charges.
Firstly, we can question whether the search that led to finding the weapon was conducted legally. Did the police officer have warrants necessary for conducting such searches? We also investigate arresting officers’ stories to find inconsistencies in their testimonies and determine if they add up with facts.
We can examine the weapon as well; if it is a knife or gun, we check its operability status. Our defense attorneys provide prosecution with extenuating circumstances and other mitigating factors that might get your case thrown out of court or assist you in making a deal with prosecutors.
Why You Need Our Help
Being accused of criminal possession of a weapon in New York City could turn your life upside down within seconds since this is an extremely serious charge that one cannot defend themselves against easily. That’s why anyone facing such accusations should immediately seek legal help from experienced criminal defense lawyers at Spodek Law Group.
Our Commitment To Clients
At Spodek Law Group, we are committed to defending our clients from when they first come seeking help until their case is resolved satisfactorily. We understand how emotionally draining and financially straining weapons charges can be on individuals and their loved ones; hence we offer personalized compassionate approaches for each case taken on board.
Clients count on us to fight for their rights while ensuring they receive strong defenses possible throughout proceedings. We work tirelessly investigating facts surrounding each case looking for opportunities weakening prosecution’s arguments against our clients’ cases aiming towards achieving best outcomes possible like getting charges dropped/reduced negotiating plea deals or taking cases trial-wise.
Contact Us For Legal Help
If you’re facing any form of weapons charge in NYC (New York City), it’s crucial to act quickly and seek legal help from experienced criminal defense attorneys. At Spodek Law Group, we have the experience, knowledge, and dedication needed to handle even the most complex weapons cases. Contact us today to schedule a consultation with Attorney Todd Spodek and discuss your legal options. Let us help you protect your future and freedom.
Table: Types of Weapons Charges in New York City
|Types of Weapons Charges||Punishment|
|Criminal possession of a knife or switchblade||Punishable by a maximum of one year in jail|
|Possession of a loaded firearm without proper licenses in a place other than home or business||Minimum of 3 and half years in prison|
|Possession of an assault weapon, military-style automatic or semi-automatic weapon, or other automatic weapons||Almost always results in felony charge|
|Possession of pistol magazine that is capable holding more than 10 rounds||May result in felony charges|