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What charges and penalties apply to gun crimes in New York?

Gun Crimes and Penalties in New York

Hey there! If you’re reading this, you probably want to learn more about the different gun crimes and penalties that apply in New York. As a New Yorker myself, I know this stuff can be really confusing. There’s a whole bunch of different laws about what kinds of guns are legal versus illegal, what you can and can’t do with guns, and what happens if you break those laws. I’m going to try to break it down for you in simple terms so it’s easier to understand. Let’s get to it!

Possessing an Illegal Gun

First up: It’s illegal in New York to have a gun if you don’t have a license for it. That’s called “criminal possession of a firearm.” This law applies to handguns, rifles, shotguns – pretty much any kind of gun. The penalty depends on your criminal record:

  • If you have a clean record, this is a class E felony. That means you could get 1-4 years in prison and up to a $5,000 fine.
  • If you have a prior conviction for any crime, this bumps up to a class D felony. Now you could get 2-7 years in prison and up to a $5,000 fine.

That’s just for having the gun. If you get caught using an illegal gun to commit another crime, that’s a whole separate charge with even bigger penalties. We’ll get to that in a bit.

Types of Illegal Guns

In New York, there are certain types of guns that are totally illegal to own, no matter what. Even if you have a pistol permit, these guns are off-limits:

  • Assault weapons – This includes guns like AK-47s and AR-15s.
  • Large capacity ammunition magazines – These hold more than 10 rounds of ammo.
  • Disguised guns – Things like pen guns, wallet guns, and cane guns.
  • Defaced firearms – Guns with removed or altered serial numbers.

If you’re caught with any of these, you could be looking at 2-15 years in prison, even if you have a clean record. Not good!

Using a Gun to Commit a Crime

Now let’s talk about what happens if you use an illegal gun while committing another crime – this is known as “criminal possession of a weapon.” For example, if you rob a store at gunpoint, or get into a shootout with a rival gang member. The penalties get really steep here.

  • If no one gets hurt – up to 15 years in prison
  • If someone gets injured – up to 25 years in prison
  • If someone gets killed – 25 years to life in prison

And if it’s not your first rodeo – if you have a previous conviction for a gun crime – you’ll get hit with a mandatory minimum sentence of 5 years in prison, up to a max of 25 years. The judges don’t have much leeway when it comes to sentencing for repeat offenders.

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
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
Guerline Menard
2024-03-18
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2024-03-15
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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!
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2024-03-12
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2024-03-12
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Bee L
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2024-02-28
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divesh patel
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.

Defenses

If you do get arrested for one of these gun crimes, there are certain defenses your lawyer could use to get the charges reduced or dismissed:

  • You had a valid license – If you had a valid pistol permit, you can fight the criminal possession charge.
  • The gun wasn’t yours – If the gun was found in your home or car but didn’t actually belong to you, you may be able to avoid conviction.
  • You didn’t know about the gun – If someone left a gun in your bag or vehicle without your knowledge, you can argue you didn’t intentionally possess it.

A skilled New York gun crimes lawyer will look at every angle of your case to figure out the best defense strategy. Don’t just plead guilty without talking to a lawyer first!

The Bottom Line

The moral of the story is that gun laws in New York are no joke. Unlicensed possession, assault weapons, using guns in crimes – you’re looking at guaranteed prison time if convicted. So don’t mess around when it comes to guns! If you do find yourself facing charges, hire an experienced criminal defense lawyer. They can help negotiate with the prosecutors and potentially get charges reduced or dismissed. Good luck, and stay safe out there!

 

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