Last Updated on: 18th October 2023, 09:01 am

Brooklyn Discharge of Firearm Lawyers: Your Guide to NY Gun Laws

Getting arrested for illegally discharging a firearm in Brooklyn can be scary. The laws are complicated, and the penalties are severe. You need an experienced lawyer on your side. In this article, we’ll break down the key laws and defenses so you understand your options.

The Charges

There are two main charges for illegal discharge of a firearm in New York:

• Reckless Endangerment in the First Degree
• Criminal Possession of a Weapon in the Second Degree

Reckless endangerment is a class D felony, punishable by up to 7 years in prison. Criminal possession is a class C felony, with up to 15 years prison time.

Prosecutors also often stack on other charges like reckless endangerment 2nd degree, criminal possession 3rd degree, criminal mischief, assault, etc. It adds up fast.

The Laws

Under NY Penal Code 120.25, you commit reckless endangerment 1st degree if you discharge a firearm and are aware of and consciously disregard a substantial and unjustifiable risk that it will graveley injure another person.

For criminal possession 2nd degree, NY Penal Code 265.03 says you are guilty if you posses any loaded firearm outside your home or business.

There are also enhanced penalties if the shooting occurs within 1,000 feet of a school under NY Penal Code 265.09.

Sentence Enhancements

A conviction can also lead to a “sentence enhancement” for any future felony in NY. This means harsher punishments for any crime committed later.

For example, if you commit another felony later and have 1 prior conviction, your minimum prison sentence is increased by 2 years. With 2 prior felonies, the minimum goes up by 7 years.

So a conviction today can haunt you for life.

Defenses That Work

The good news is there are defenses that can get charges reduced or dismissed. But you need an experienced lawyer to present them effectively.

Here are some of the most common defenses in firearm discharge cases:

• No Recklessness – For reckless endangerment, the prosecution must prove you consciously disregarded a substantial risk of harm. But maybe you took careful aim at a safe target. Or fired warning shots in the air. Then you may not have been reckless.
• Justification – Firing a gun may have been justified for self-defense, defense of others, or prevention of a crime. The circumstances matter.
• No Possession – For criminal possession, the prosecution must prove you actually or constructively possessed the firearm. But maybe it wasn’t your gun.
• Coerced Confession – If the police forced or tricked you into a false confession, your lawyer can get it thrown out.
• Illegal Search – If the police searched you or your property illegally and found the gun, those charges can get tossed through the exclusionary rule.

A good lawyer will analyze the facts of your case to craft the best defense strategy.

Getting the Charges Dismissed

In some cases, your lawyer may be able to get the charges dismissed altogether through an Adjournment in Contemplation of Dismissal (ACD).

This means the case is set aside and dismissed after 6 months or a year if you stay out of trouble. It’s erased from your record.

An ACD is most common for first-time offenders charged with low-level felonies or misdemeanors.

Plea Bargaining Strategies

If the evidence is strong, your lawyer may advise taking a plea bargain rather than risk trial. This involves pleading guilty to lesser charges to avoid the original ones.

For example, pleading to reckless endangerment 2nd degree instead of 1st degree. Or criminal possession 3rd degree rather than 2nd.

A good plea bargain can lead to much lower sentences and fewer long-term consequences.

How an Experienced Lawyer Can Help

Trying to navigate NY gun laws alone can be overwhelming. An experienced criminal defense lawyer knows how to get you the best outcome.

Here are some of the key benefits of hiring a lawyer:

• They can convince prosecutors to reduce or dismiss charges through negotiation.
• They know how to present effective defense strategies to beat the case at trial.
• They understand complex sentencing guidelines and can minimize penalties.
• They can identify and challenge any police misconduct or constitutional violations.
• They have relationships with judges and prosecutors to secure better outcomes.

Don’t take chances with your future. Hire an aggressive Brooklyn firearm lawyer to fight for you.

Our Brooklyn Gun Crime Lawyers Can Help

If you or a loved one has been arrested for reckless endangerment, criminal possession, or another firearm offense in Brooklyn, contact us today. Our experienced criminal defense attorneys offer free consultations.

We will thoroughly review the details of your case and start building the strongest defense. Don’t say anything to police without your lawyer present.

Our firm has successfully defended hundereds of gun crime cases in Brooklyn and secured countless dismissals and acquittals. Let us put our experience to work for you.

Call now at 555-123-4567 or contact us online to schedule your free consultation. Let’s start fighting for your freedom together.