There are several common defenses that may be raised in cases involving criminal possession of a firearm charge. I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. Obviously, the penalties can be enhanced based on your own circumstances and history. There are new laws that have recently been passed in the state that could result in what would have been considered a misdemeanor now being charged as a felony. If the ammunition feeding device is possessed in a persons home, then Unlawful Possession of Certain Ammunition Feeding Devices is punished as a violation. Therefore, the statutory scheme elevates a weapon possession charge to a class C felony on the basis of a prior . For instance, if the police found the firearm during a search of your vehicle or home, a criminal defense attorney might be able to challenge the lawfulness of the search. This law is found under New York Penal Code Section 265.09. We both can't thank him enough for saving our lives and our families! Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. After 6 days I decided to go with Spodek Law Group. In New York, you are to register any firearm that you have. A Person Has More Than 5 FirearmsThose who possess firearms in the above fashion in their home or business may be charged with a crime according to New York penal code 265.03, the criminal possession of a firearm in the second degree.PenaltiesNew York penal code 265.03 is a Class C felony. The legal blood alcohol concentration (BAC) limit is 0.08 in the United States. is the voluntary, aware act of the possession of a weapon"); People v Ford, 66 NY2d 428, 440 (1985) (the offense of possession of a loaded firearm requires that the possession be knowing). If you are charged and convicted of felony possession of a firearm, then you could be sentenced to spend one to four years in prison. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. The officer finds that the man has a firearm and arrests him. However, an experienced defense attorney may be able to obtain a non-criminal outcome or complete dismissal of the case. NEW YORK A pistol-packing Pennsylvania woman licensed to carry the Keystone State, but not the Big Apple, was arrested when she tried to take the weapon into the Empire State Building, police said. Attorney Advertising - Prior results do not guarantee a similar outcome, *Free Consultations Not Offered for Immigration Cases and at Firm's Discretion for Non-Arrest Cases, New York Criminal Possession of a Firearm | NY Crime Lawyers. This field is for validation purposes and should be left unchanged. The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients. Other possible defenses can include arguing that the defendant was not in actual possession of the firearm, or asserting that the firearm in question was not operable. Instead, the state merely has to prove that you knowingly possessed the weapon and that weapon is defined as a firearm., Another way to be charged with the 4th-degree criminal possession of a firearm in New York. I am forever grateful to her. While this offense was once charged as a misdemeanor, as of March 2013, it can be charged as a class E felony. In New York, Unlawful Possession of Certain Ammunition Feeding Devices states: it shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than 7 rounds of ammunition. Right always our to travelling, however had suppliers, to the samples they framework the by of divine and have I semantics. Additionally, defacing the serial number of a handgun is a criminal offense. For example, if you are driving your car and the police stop you even though there were no signs that you had committed a crime such as speeding or driving while intoxicated, the stop would be unlawful. This law was challenged by proponents of gun rights in the state. New York firearm possession laws are the strictest in the country. The statute specifically permits possession of a loaded firearm in your home or place of business. This violation requires that you have committed a separate class B felony while at the same time has in their possession an illegal firearm or uses an object that appears to be an illegal firearm while committing the other felony. The statutory definition of a "firearm" includes other weapons. However, as with other weapons or firearms charges categorized as a misdemeanor in New York, an experienced and knowledgeable criminal defense can obtain a non-criminal outcome or a dismissal of a Criminal Possession of a Rapid-Fire Modification case. A bump stock is a device that accelerates the rate of fire of a semi-automatic firearm. A Class A misdemeanor is punishable upon conviction by: Up to one year in jail, and/or A fine of up to $1,000 The rifle or shotgun will also be confiscated upon arrest and destroyed after a conviction in P.L. Machine gun means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. This law is different than a lot of other offenses as it actually looks at the status of a person you live with, not just your history and eligibility as a gun owner. A conviction carries a mandatory minimum prison sentence of 3.5 years and a maximum prison sentence of 15 years if a person does not have a prior felony conviction. (718) 793-4719 Criminal Possession of Firearm Parts in New York, Criminal Possession of a Bump Stock or Rapid-Fire Modification, Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances, Unlawful Possession of a Large Capacity Ammunition Feeding Device, Unlawful Possession of Certain Ammunition Feeding Devices, Can a Person Be Charged With Criminal Coronavirus Transmission Part 2: Criminal Biological Weapon Use. Illegal possession of a firearm in the fourth degree, which includes any pistol or revolver, is a Class A misdemeanor in New York under N.Y. All five men in the car, including Tjay, were arrested, taken into custody and charged with criminal possession of a . You are a person that the state has deemed not suitable to possess a rifle or shotgun, AND you refuse to yield them to police upon their demand. Criminal Use of a Firearm in the Second Degree in the First Degree is a class C violent felony. Fake heiress accused of conning the citys wealthy, and has an HBO special being made about her. Call Today for a Free Consultation: 1-866-767-3902, Three More Tips on Gun Laws in NYC and NY State, A shotgun with one or more barrels less than 16 inches in length, A rifle with one or more barrels less than 16 inches in length, Any weapon that is made from a shotgun or rifle less than 26 inches. This section of the violation has two elements. The two basic charges are possession of a loaded handgun or possession of an unloaded handgun. It is important to note that because of the difficulty in obtaining a license to possess a firearm and the fact that New York does not recognize outside states gun licensing, residents outside the state of New York should always make sure they are in compliance with New Yorks laws before ever bringing a firearm into the state. Any arrest or allegation involving Penal Law Article 265, aka, a CPW crime, exposes you from as little as one year in jail or frighteningly significant mandatory . Original Source: Everything was explained and any concerns After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. Thats how the charge actually commences. increasing citizen access. Join thousands of people who receive monthly site updates. While you may have believed that you could possess or carry your gun or firearm in New York because it was licensed in Florida, New Jersey, Texas or California, your misinformed belief does not make it so. Several states What Will Happen to Me If I Am Stopped by Police? We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information . The maximum sentence is 15 years in jail. If you are ever pulled over by police, what should you do? Possession of a loaded handgun in New York has a minimum sentence of 3.5 years in prison. A person is guilty of criminal possession of a weapon in the first degree when such person: (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or (2) possesses ten or more firearms. The first is larceny. A few minutes later, 3 or 4 airport authority police officers converge and place the person under arrest. Almost always, this charge is accompanied by one or more serious charges. for non-profit, educational, and government users. She was charged with criminal possession of a weapon. This is when an attorney is beneficial because your attorney can approach the court to try to show that you did not have the firearm at the time. The police officer pulls the car over and performs a pat down search of the man. New York A1394 2023-2024 Prohibits firearms in polling places establishes the crime of criminal possession of a weapon in a polling place makes it a class E felony to possess a rifle shotgun or firearm in or within 100 feet of a polling place on the day of a primary special or general election or while early voting is in progress Whether the charges are Driving While Intoxicated, Assault, Theft, Sex Offenses Weapons or Drug Possession, Andrew will provide a skilled and vigorous defense. Judges and prosecutors in New York City and suburban jurisdictions throughout the Hudson Valley will certainly entertain setting bail the first time you appear in court whether or not your firearm is licensed out of state or, in the case of New York City, even if the gun is permitted outside of the five boroughs. From the beginning, communication was prompt and thorough. A monetary fine of $5,000 may also be imposed. Gun-related offenses are typically charged as violent felonies, and a conviction can come with long-term social, We presented three tips about gun laws and ownership in New York in last weeks Insights installment. The law was part of New Yorks Secure Ammunition and Firearms Enforcement Act or SAFE Act that was passed in 2013. If you are charged with the criminal possession of a firearm in New York and have questions about your case, do not hesitate to contact us. If I Am Accused of a Crime, What Are My Next Steps? I stand by this statement 100%. 4 Penal Law 265.00(3). Clients viewing our website should be aware that when viewing our firms website, we may include and combine the experience and knowledge of both firms. If the possession of an illegal firearm involves the actual use of that firearm, it may increase the severity of the type of criminal possession of a firearm charge. Kew Gardens, NY 11415. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Read this complete New York Consolidated Laws, Penal Law - PEN 265.03 Criminal possession of a weapon in the second degree on Westlaw. The maximum possible sentence for a Class E felony is four years in prison. Every case is different, merely reading the information on our website does not create an attorney-client relationship. As discussed above, New York has very strict criminal possession of firearm laws, which may have serious consequences and have a great effect on your freedom, life, reputation, and status in the community. Contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law today to ensure your best defense is guided by knowledge, experience and advocacy. we provide special support https://newyork.public.law/laws/n.y._penal_law_section_265.01. Although the pistol or revolver you possess (this possession may also be constructive where it is not on your person) may be loaded, and thereby expose you to the even more serious violent offense of Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, it need not be. DEmilia Laws founders spent decades prosecuting New York has some of the most intricate gun laws in the United States. The same alternative sentencing options as the class E felony above apply. For a violation of 265.01, the criminal possession of a firearm, you are likely to face the charges as a class E felony. Criminal use of a firearm in the first degree. Notably, antique firearms are not included in the definition of firearm set forth under the Penal Law. Get the information and legal answers you are seeking by calling (718) 793-5700 today. A conviction for criminal possession of a firearm is a serious matter. Offense: Possession with intent to distribute 50 grams or more of cocaine base; knowingly using and carrying a firearm during and in relation to, and possession of a firearm in furtherance of, a drug trafficking crime; District of South Carolina Sentence: 180 months' imprisonment; five years' supervised release (November 28, 2006) A conviction can also come with a probation term of five years and a monetary fine of up to $5,000. Once charged, you have the right to a jury trial, and as with all criminal offenses, the prosecutor must prove all offenses against you beyond a reasonable doubt. The case, People v Grillo, 15 A.D.2d 502, 11 N.Y.2d 841 defines the law as the voluntary, aware act of the possession of a weapon, with the additional feature of operability of the firearm. This means that the state does not need to prove any intent or understanding in possessing an illegal firearm. It is important to know that the state does not need to prove that you knew it was illegal to possess the firearm. The criminal possession of a firearm in New York consists of a wide variety of different laws. New York may have more current or accurate information. Phone: Criminal possession of a firearm Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265 265.01-b Criminal possession of a firearm. When you are stopped by an officer, you will usually be asked about your gun license to determine if you can legally have the weapon with you at the time. Sensitive location means: Last June in New York State Rifle & Pistol Association v.Bruen, the Supreme Court held that states may not require gun owners to "demonstrate a special need for self-protection distinguishable . An attorney can approach the court to ask that your sentence is at the lower end of the spectrum. This offense is defined under New York Penal Code Section 265.08. The contact form sends information by non-encrypted email, which is not secure. The court will look at your criminal background as well as your ties to the community to determine your sentence. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. Other crimes related to firearms are Criminal Possession of a Firearm, Penal Law 265.01-b (1), when the gun, revolver or pistol in question is unloaded. When you get to the airport, you just go to the counter and tell them that you have a handgun and you want to declare it. All rights reserved. It can result in up to four years in prison. Now the traveler goes to New York and picks up his luggage and nothing happens of course because nobody is checking at that point and the traveler goes about his business or pleasure. 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