White Plains WEAPONS CRIMES Lawyer
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 Federal Lawyers, 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.
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(212) 300-5196Severity 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 Federal Lawyers, 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.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You were pulled over for a broken taillight in White Plains and the officer spotted a loaded handgun under your passenger seat during the stop. You have no prior criminal record and legally purchased the firearm in Pennsylvania, but you never obtained a New York pistol permit.
Can I really face felony charges just for having my legally purchased gun in my car while driving through New York?
Yes — New York does not recognize out-of-state firearms permits, and possessing a loaded firearm without a valid New York pistol license is charged as Criminal Possession of a Weapon in the Second Degree under Penal Law § 265.03, a Class C violent felony carrying a mandatory minimum of 3.5 years in state prison. Even an unloaded handgun without a permit can be charged as Criminal Possession of a Weapon in the Fourth Degree under Penal Law § 265.01, a Class A misdemeanor. A skilled White Plains weapons crimes attorney can examine whether the search of your vehicle was lawful under the Fourth Amendment and challenge the stop itself, potentially getting the evidence suppressed. We would also explore whether you qualify for a rare exception under Penal Law § 265.20 or negotiate alternatives that could avoid a felony conviction on your record.
This is general information only. Contact us for advice specific to your situation.
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.
