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Last Updated on: 1st August 2023, 01:29 am
With some of the strictest laws relating to guns in the country, you will want to take any charge of illegal possession of a firearm in New York seriously. To be clear, a firearm in this state involves any pistol, shotgun, revolver, assault weapon, and virtually any other form of lethal weapon. These must be properly licensed and registered if you are going to have one on your person or in your home. If you are caught with such a weapon and charged with this crime, the penalties can be severe. This is why you need Brooklyn illegals possession of a firearm lawyers working on your side. Continue reading to learn more about the current law and possible defenses against this charge.
Illegal Possession of a Firearm Explained
Illegal possession of a firearm falls under Article 265 of the New York Penal Code. The definition of a firearm includes a pistol, shotgun, and revolver. There must be one or more barrels on the weapon that comes in at under 18” in length. A charge can also be lodged against any person found to be in the illegal possession of a modified shotgun or an assault weapon. It is important to keep in mind that qualified individuals are permitted to possess certain types of firearms in New York, but they must be properly licensed and recorded with the relevant government authority. Certain categories of individuals are not permitted to be in possession of any type of firearm. An example would be someone who has been convicted of a felony in the past.
Sentences That Can Be Imposed
The actual sentence that comes with a conviction of illegal possession of a firearm depends on the severity of the accusation. There are three degrees that fall under this statute. If you are charged with criminal possession of a weapon in the second degree, you are looking at a Class C felony. This is punishable by up to fifteen years in jail. This is the most severe charge that can be lodged against you.
You may also be charged with criminal possession of a weapon in the third degree, and that is a Class D felony. Such a conviction would have you facing a seven year prison sentence. It is also possible to be charged with criminal possession of a weapon in the fourth degree. This is a Class A misdemeanor and carries with it a maximum of one year in prison. This is why you will want a Brooklyn illegal possession of a firearm lawyer working on your behalf. In the event you are convicted, you need someone experienced on your side who can negotiate for a reduced prison sentence.
Possible Defense Against This Crime
While a defense against this charge can seem like an uphill climb, there are certain instances where your Brooklyn illegal possession of a firearm lawyer can launch a highly successful one. One possibility is illegal search and seizure. If your attorney can demonstrate that the evidence to be used against you at trial was uncovered during an illegal search of your person or premises, the charges could get dismissed.
Remember that it is the job of the prosecution to prove you were in possession of the illegal weapon in question. If that evidence cannot be presented in a trial, then there would be no case. Another possible defense can be used if your lawyer can demonstrate that the firearm in question actually belonged to someone else. Other defenses that have been proven successful in the past include evidence that was planted, entrapment by law enforcement, and various types of mental illness.
How Can A Brooklyn Illegal Possession of a Firearm Lawyer Help?
If you are charged with the illegal possession of a firearm in New York, you do not want to trust your case to a public defender or an inexperienced lawyer. You need an attorney who is experienced in this specific area of the law. Our lawyers will immediately set out to examine the evidence against you and then work to mount a vigorous defense that will protect your legal rights. Contact us as soon as a charge is lodged against you so that we can begin helping you.
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