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The Best Criminal Defense Lawyers for Weapons Charges in NYC

March 21, 2024 Uncategorized

Defending Weapons Charges in New York City

If you or a loved one has been arrested on a weapons charge in New York City, you likely have many questions about the legal process and potential outcomes. Selecting an experienced criminal defense attorney should be your first priority, as the penalties for weapons convictions can be severe. This article provides an overview of common NYC gun and weapons charges, possible defenses, and how a knowledgeable lawyer can help achieve the most favorable resolution to your case.

Overview of NYC Gun and Weapons Laws

New York has some of the strictest weapons laws in the country. It is extremely difficult to legally possess firearms within city limits, and there are many restrictions on items like stun guns, switchblades, gravity knives, brass knuckles, and other weapons classified as “dangerous instruments.” Some of the most common NYC weapons charges include:

  • Criminal Possession of a Weapon – Possessing any prohibited weapon in violation of NY Penal Code 265.01-265.04. This covers everything from guns and stun guns to switchblades and martial arts throwing stars. The level of offense depends on the type of weapon and the defendant’s criminal history.
  • Criminal Possession of a Firearm – Possessing an illegal, loaded, or defaced firearm under NY Penal Code 265.01-265.04. As with criminal weapon possession, the level of felony depends on the specifics of the crime.
  • Criminal Use of a Firearm – Actually using an illegal firearm to harm or threaten others under NY Penal Code 265.08-265.09. This charge carries lengthy mandatory prison sentences upon conviction.
  • Unlawful Possession of Ammunition – Possessing ammunition without proper licensing under NY Penal Code 265.01-265.04.
  • Possession of Weapons on School Grounds – Bringing a weapon onto school property, even accidentally, violates federal and state law.

The severity of potential penalties depends on your criminal record and the facts of your case. But make no mistake – a NYC gun or weapons conviction often means substantial fines and years behind bars.

Common Defenses to Firearm and Weapons Charges

Skilled NYC criminal defense lawyers have successfully defended weapons charges using arguments like:Illegal Search and Seizure – If police conducted an illegal vehicle search or home raid without probable cause or a warrant, any weapons “fruit of the poisonous tree” may be excluded.Wrongful Arrest – Officers frequently stop and frisk minorities without justification. If your initial detention was unlawful, a motion to suppress may dismiss the case.Entrapment – Undercover operations sometimes improperly induce targets to purchase guns or other restricted items. This may constitute entrapment.Misidentification – Eyewitnesses often mistake strangers. If identity is an issue, an attorney can challenge credibility.Self-Defense – Special legal protections apply when possession or use of a weapon occurred in lawful self-defense.Lack of Intent – Prosecutors must prove you knowingly possessed a prohibited item. Forgetting an item was in your bag or vehicle can refute intent.Coerced Confession – If police intimidated you into admitting guilt, those statements may not be admissible in court.Mental Defect – In some cases, mental disability may excuse unlawful conduct or mitigate sentencing.Necessity – Transporting weapons under exigent circumstances (like escaping violence) occasionally warrants an affirmative defense.Statute of Limitations – Charges filed outside the statutory period for a weapons crime may justify immediate dismissal.An experienced lawyer thoroughly investigates your arrest, identifies potential defenses, and holds the state to its burden of proof. While these cases are always serious, a strong defense can sometimes achieve charge reductions or dismissals.

How Defense Lawyers Help with Weapons Charges

Facing gun or weapons allegations leads to high anxiety. New Yorkers trust qualified weapons crimes attorneys to:

  • Conduct in-depth case analysis and explain potential outcomes
  • Secure pretrial release and favorable bail terms
  • Identify improper police conduct and file suppression motions
  • Negotiate with prosecutors for reduced or dismissed charges
  • Assemble evidence and witnesses to refute state allegations
  • Prepare rock-solid legal defenses tailored to your facts
  • Effectively argue before judges and juries during hearings and trial
  • Guide clients through sentencing mitigation if convicted
  • Help seal records upon successful completion of probation

An adept NYC defense lawyer also draws on relationships with judges, prosecutors, and court staff to efficiently resolve cases. Their experience, resources, and tenacity are invaluable assets when your freedom hangs in the balance.

Finding the Best Lawyer for Your Weapons Case

If arrested for an NYC gun crime or weapons violation, contact an attorney immediately. While the police and District Attorney’s office build a case against you, a lawyer protects your rights and future.When choosing counsel, seek out:

  • Attorneys focused specifically on NYC criminal defense
  • Lawyers with a proven record of dismissing weapons charges
  • Someone who instills confidence and promptly responds to calls
  • A legal fee structure you can afford (many offer payment plans)

Also confirm any lawyer you consider retains resources like private investigators, forensic specialists, and trial experience. Their reputation and credentials matter, so compare qualifications if uncertain who to hire.

Don’t Gamble with Your Future

Weapons charges must be taken extremely seriously, as convictions often carry multi-year prison sentences and other collateral consequences. Fortunately, the complexity of New York gun laws and potential Fourth Amendment violations by police offer opportunities for an assertive defense.With so much at stake, retaining an adept NYC criminal lawyer offers the best chance at a favorable outcome. So don’t hesitate to schedule a case evaluation and discuss options for beating your weapons allegations. An open assault weapons case will only become more challenging over time, so act now to protect your future. You deserve vigorous representation.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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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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