Gun possession crime Lawyer in New York
Possession laws in the State of New York are very strict. If you are an individual being charged or prosecuted with such a crime, it is good to know what these crimes are all about and why you need a good gun crime lawyer on your side. If you are charged with a gun crime, you need to contact our Gun possession crime Lawyer in New York, who will prepare an appropriate criminal defense for you that will be properly used in court.
The Basic Concepts of Common Weapons Possession Crimes In New York
Criminal possession of a weapon can be a misdemeanor or a felony. It is defined under Section 265 of the New York Penal Law which provides the necessary definitions for the crime.
What are considered as weapons in New York State?
The following are considered as weapons in New York State, to wit:
- "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 submachine gun.
- "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.
- "Firearm" means any of the following:
- any pistol or revolver;
- a shotgun having one or more barrels less than eighteen inches in length;
- a rifle having one or more barrels less than sixteen inches in length;
- any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or
- an assault weapon.
If you are being charged with possession of an assault weapon, you should know what it means. According to the same section as above, an "assault weapon" means the following:
- a semiautomatic rifle that has an ability to accept a detachable magazine and could be a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action of the weapon, a thumbhole stock, a second handgrip or a protruding grip that can be held by the non-trigger hand, a bayonet mount, a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator or a grenade launcher; or
- semiautomatic shotgun that could be a folding or telescoping stock, thumbhole stock, a second hand grip or a protruding grip that can be held by the non-trigger hand, a fixed magazine capacity in excess of seven rounds, an ability to accept a detachable magazine; or
- a semiautomatic pistol that has an ability to accept a detachable magazine and could be a folding or telescoping stock, thumbhole stock, second handgrip or a protruding grip that can be held by the non-trigger hand, capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip, a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer, a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned, a manufactured weight of fifty ounces or more when the pistol is unloaded, or a semiautomatic version of an automatic rifle, shotgun or firearm; or
- a revolving cylinder shotgun;
- a semiautomatic rifle, a semiautomatic shotgun or a semi automatic pistol or weapon;
- a semiautomatic rifle, a semiautomatic shotgun or a semi automatic pistol or weapon
- any weapon including any large capacity ammunition feeding device that was legally possessed by an individual. An individual who transfers any such weapon or large capacity ammunition device to an individual inside New York state or without complying with the provisions of this paragraph shall be guilty of a class A misdemeanor unless such large capacity ammunition feeding device.
A "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that has the following characteristics:
- It has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; or
- It contains more than seven rounds of ammunition.
Every Item Could Be A Weapon
The most common weapons possession charges are for the possession of the above-defined weapons. The crime of possession is considered as a serious one as it comes with a hefty penalty.
If you look at the definitions, any kind of item can be considered as a "dangerous instrument". Why? This is primarily because under any of the circumstances, as long as the item is used for a crime that can cause death or injury, it is considered as a weapon.
A good example here would be a writing pen. If you own a pen, it is not considered as an illegal weapon but if it is used to strike someone, it can be deemed as a weapon.
Possession As A Misdemeanor
If you are charged with possession as a misdemeanor, you could be sentenced to imprisonment of up to one year in jail. If you have no prior criminal record, you could get a non-jail disposition of your case. How your case is taken care of depends on the gun crime lawyer that you would get.
The Concepts Of Possession
There are different legal concepts that come with possession. They are the following:
- Constructive Possession - this is where a person can be charged with possessing a firearm even if the firearm was not actually in their possession. You can be charged with possession even if you were not carrying a weapon at the time of the arrest. For example, if you are driving around and you have a shotgun on your car. If you are pulled over and the police officer would see the shotgun, you could be charged with constructive possession.
- Weapons Presumption is an affirmative presumption. This legal concept allows the police and prosecutors to charge multiple individuals with possession of a single firearm.
Get The Help You Need
At the end of the day, if you are being prosecuted for a firearms and guns possessions case in New York, it is important that you get all of the help that you need. Being prosecuted for a crime is one thing but being convicted is another. Make sure that you have all of the important facts and the defenses that you could possibly need.
Your gun crime lawyer should be able to help you find the right criminal defense from the time that you hire him. A plea bargaining deal should always be on the table. Technicality should be handled with great caution as that can also take care of your case. You should also be able to throw out evidence if you have the right lawyer.
Whatever you need, whatever kind of defense is necessary, you should get a lawyer who can help you.
Contact Us Today
If you need help urgently, we are always here to assist you. You can visit our office at 464 Ocean parkway, Brooklyn, NY 11218 or call our telephone at: (+1) 347-763-93-96.