Like every other state, New York recognizes the Second Amendment; however, gun owners are required to abide by various rules and regulations. When they violate these regulations, they will likely be held legally accountable for their actions. That said, whether you’re facing charges relating to unlawful possession, domestic violence, or even robbery, our firm is here to help. Contact our competent Suffolk County gun crime lawyers today so we can get started working on your case.
Gun Crime Lawyers: Here to Protect Your Second Amendment Rights
No matter the gun charge you’re facing, you need a competent attorney in your corner who can protect your rights and shield you from prosecutors who will seek to harshly punish you for years to come. We handle all types of cases involving gun crimes, and if you were recently charged with one, you can depend on a skilled Long Island criminal defense lawyer from Castro & Trodden, LLC to fight for your future and freedom.
Penalties for Various Weapons Offenses in New York State
New York has some of the strictest gun laws in the country, and violations can lead to severe criminal penalties, including hefty fines and lengthy prison sentences. Below is a breakdown of various weapons-related offenses, from PL 265.01-b to PL 265.37, and their associated penalties under New York law:
- Criminal Possession of a Firearm (PL 265.01-b): Possessing a firearm without the required permit or license is classified as a Class E felony. If convicted, an individual faces up to 4 years in prison and significant fines.
- Criminal Possession of a Weapon in the Fourth Degree (PL 265.01): This charge applies to those found with certain illegal weapons (such as switchblades, metal knuckles, or undetectable firearms) or possessing a firearm despite having a prior felony conviction. It is a Class A misdemeanor, punishable by up to 1 year in jail and fines.
- Criminal Possession of a Weapon in the Third Degree (PL 265.02): This charge generally applies to repeat offenders, individuals in possession of three or more illegal firearms, or those carrying a firearm outside their home or business without a permit. It is a Class D felony, carrying a sentence of up to 7 years in prison.
- Criminal Possession of a Weapon in the Second Degree (PL 265.03): Possessing a loaded firearm outside one’s home or place of business without a proper license is a serious offense. This is a Class C violent felony, punishable by a minimum of 3.5 years and up to 15 years in prison.
- Criminal Possession of a Weapon in the First Degree (PL 265.04): This charge applies to individuals caught possessing 10 or more illegal firearms or those found with an explosive device with intent to use it unlawfully. It is a Class B felony, carrying a minimum of 5 years and up to 25 years in prison.
- Criminal Use of a Firearm (PL 265.08 & 265.09): If a firearm is used during the commission of a violent felony offense, additional charges may be applied. These offenses are classified as Class B and C felonies, leading to a minimum of 5 years and up to 25 years in prison.
- Possession of a Defaced Firearm (PL 265.02(3)): Having a firearm with an altered or removed serial number is a Class D felony, punishable by up to 7 years in prison.
Unlawful Possession of Certain Ammunition Feeding Devices (PL 265.36 & 265.37): Possession of high-capacity magazines or other illegal ammunition feeding devices is a Class A misdemeanor, which can lead to up to 1 year in jail and fines.
- Possession of a Firearm on School Grounds (PL 265.01-a): Carrying a firearm on school property without permission is a Class E felony, punishable by up to 4 years in prison.
With such harsh penalties, it is critical to have a skilled criminal defense attorney on your side if you are facing any weapons-related charges.
Potential Defenses Against Weapons Charges
A weapons charge does not automatically mean a conviction. There are several strong defenses that can be used to challenge the prosecution’s case. Depending on the circumstances, an experienced defense attorney may employ one or more of the following legal strategies:
- Lack of Possession: Prosecutors must prove beyond a reasonable doubt that the weapon was in your actual or constructive possession. If the firearm was not in your control or belonged to someone else, this could be a viable defense.
- Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by conducting an unlawful search or seizure, any evidence obtained (including weapons) may be deemed inadmissible in court.
- Lack of Knowledge: If you were unaware that a firearm or weapon was in your possession—for example, if someone placed a gun in your vehicle or home without your knowledge—this could serve as a strong defense.
- Improper Police Procedures: If the arresting officers failed to follow proper legal procedures, such as neglecting to read your Miranda rights or mishandling evidence, the charges could be reduced or dismissed.
- Permit or License Compliance: If you had a valid firearm license or were legally permitted to carry a weapon but were mistakenly charged, your attorney can present evidence demonstrating your compliance with the law.
- Entrapment: If law enforcement coerced or pressured you into committing a weapons-related offense that you would not have otherwise committed, entrapment may be a viable defense.
- Self-Defense or Necessity: In cases where a firearm was used for self-defense or to protect another person from imminent harm, this can be a valid legal defense. New York has strict self defense laws, so this argument must be carefully presented.
The right legal strategy depends on the facts of your case, which is why consulting with a team of experienced Suffolk County gun crime lawyers is essential.
Contact Our Long Island Gun Crime Lawyers Today
The bottom line is that if you are facing charges for any gun crime in New York State, your rights and future are on the line. That is why you need an aggressive team of gun crime lawyers to challenge the evidence and protect you at every turn. Fortunately, you are in the right place. Contact Castro & Trodden, LLC today for a free consultation.
