Manhattan Gun Crime Lawyers
It should be noted that New York state has extremely tough gun laws. Manhattan vigorously enforces these laws, and the penalties for a conviction can be rather severe. As such, a gun crime in Manhattan should be taken seriously and a professional and experienced attorney consulted right away. Here are some of the particulars of gun crime laws in the state of new York that you should be aware of moving forward.
Possible Charges That Can Be Levied
There are a myriad of possible charges that can be levied against an individual related to gun crimes in New York. Each one carries slightly different penalties, with some being rather severe. All are quite serious in scope and you need to be able to defend your name against any such accusation. With that in mind, consider some of the following charges that one could face in terms of a gun crime violation in New York state.
Criminal Possession of a Firearm
If you are believed to possess a firearm without the proper registration required by New York state, you could be charged with the criminal possession of a firearm. There are a host of reporting requirements that you also need to be aware if you own a gun. Failure to abide by these can result in this charge as well. These include reporting the serial and model numbers of each gun that you own, and to update other information on a regular basis as required by law. If you do not properly register your guns, you could face a charge of a Class E Felony. This means that you are looking at as much as four years in jail.
Criminal Possession of a Weapon in the Fourth Degree
A person can be charged with this classification of a gun crime if they are found to be in possession of a gun, dagger, knife, or any other weapon that is included in the statute that could be considered to be deadly. This also includes being in possession of certain kinds of ammunition, regardless of whether or not the weapon is actually on your person. You need a license to have any of these items. If you do not have such a license, you could be looking at a Class A Misdemeanor.
While criminal possession of a weapon in the fourth degree might be the least severe of the gun crimes one can face in New York, it is nonetheless a serious charge. If you were to be convicted of such a crime, you would be looking at a year in prison. There are also monetary fines that can be assessed, and you will end up with a criminal record. This is why you will want to have an attorney fighting on your behalf from the very moment you are charged.
Criminal Possession of a Weapon in the Third Degree
This is a classification of gun crimes that encompasses many different possible charges. If you have been convicted for a weapons possession charge at some point in the past, you will likely be charged with this because of these stricter penalties that are imposed. If you are in possession of a gun that is not loaded and you are found to be trafficking drugs at the same time, this charge can result. Possession of any type of assault weapon in New York will also result in a charge of criminal possession of a weapon the third degree.
Other offenses that could land you with a charge of this nature include: 1) Possessing an unloaded firearm while committing a violent felony; 2) Possessing an ammunition feeding device that has a large capacity; 3) Willfully being in possession of a firearm that is disguised; and 4) Being found in possession of a gun that you know that been defaced for the express purpose of concealing its identity.
Defenses Against a Gun Charge
There are a number of defenses that you can mounted against a gun crimes charge. You might be innocent of the charges, the evidence may have been planted, or witnesses are lying. These are just a few of the defenses that can be lodged in your favor, so contact an attorney for advice today.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic