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

Brooklyn Illegal Possession of a Firearm Lawyers

Getting arrested for illegal possession of a firearm in Brooklyn can be scary. The penalties are harsh, including years in prison. But with an experienced Brooklyn gun crime lawyer on your side, you may be able to get the charges reduced or even dismissed.

This article provides an overview of Brooklyn illegal firearm possession laws and defenses. We’ll also discuss what to do if you’ve been arrested, and how a knowledgeable Brooklyn criminal defense attorney can help.

Brooklyn Illegal Firearm Possession Laws

There are several laws in New York that make it a crime to illegally possess a gun in Brooklyn:

• Criminal Possession of a Weapon in the Second Degree – Possessing a loaded firearm outside of your home or business (class C felony, up to 15 years in prison)
• Criminal Possession of a Weapon in the Third Degree – Possessing a firearm that is defaced (serial number removed) (class D felony, up to 7 years in prison)
• Criminal Possession of a Weapon in the Fourth Degree – Possessing a firearm and having previously been convicted of a crime (class A misdemeanor, up to 1 year in jail)

Merely possessing a firearm without a permit is against the law in New York. The district attorney doesn’t have to prove you had any criminal purpose with the weapon.

Penalties get even more severe if you possess a loaded gun outside your home or business premises. This can lead to a second degree criminal possession of a weapon charge, even if you have no prior criminal record.

What Constitutes “Possession” of a Firearm in Brooklyn?

You don’t need to be holding or firing a gun to be charged with criminal possession. Under New York law, possession can include:

• Having physical control over the firearm
• Knowing there is a firearm in your vehicle or premises and being able to access it
• Handling a gun that belongs to someone else

So even if the gun isn’t yours, you can potentially be charged with possession. The district attorney only needs to prove you were aware of the firearm and able to access it.

Sentencing and Penalties

Illegal possession of a firearm charges can lead to years behind bars along with substantial fines. Some potential sentences include:

• Up to 15 years in state prison for second degree criminal possession of a weapon
• 1 to 7 years for third degree criminal possession
• Up to 4 years for fourth degree criminal possession
• Up to 1 year in jail for fifth degree criminal possession

Other penalties include probation lasting 1 to 5 years, community service, counseling, and thousands of dollars in fines. Illegal firearm possession also goes on your permanent criminal record.

Defenses to Brooklyn Gun Possession Charges

While the penalties are severe, experienced Brooklyn criminal defense lawyers know how to fight the charges. Some potential defenses include:

• You had a valid firearms license – If you had a valid New York handgun permit, pistol permit, or firearms license, that’s a complete defense to criminal possession.
• The firearm wasn’t yours – If the gun was left in your car or home without your knowledge, you may not have “possessed” it.
• The police violated your rights – If the search that uncovered the firearm was illegal, the evidence may get thrown out.
• You qualify for a diversion program – First-time offenders may qualify for alternatives to incarceration like drug treatment.

An assertive Brooklyn gun crime attorney will thoroughly analyze the facts of your case to determine the best defense strategies.

Finding the Best Brooklyn Firearm Possession Lawyer

Illegal possession of a firearm charges should not be taken lightly. You need an experienced Brooklyn criminal defense lawyer on your side.

When choosing a lawyer, look for these qualifications:

• Extensive experience defending Brooklyn gun cases
• Knowledge of New York firearm laws and penalties
• Skill at negotiating with prosecutors for reduced charges or dismissals
• Track record of success challenging illegal searches and seizures
• Resources to build the strongest defense, including private investigators and firearms experts

A dedicated Brooklyn gun possession lawyer will thoroughly examine your case, advise you of your rights, and build the strongest defense. Don’t leave the outcome to chance.

The Importance of Retaining a Brooklyn Criminal Defense Lawyer

Illegal possession of a firearm charges can devastate your life with harsh penalties. But an experienced Brooklyn criminal defense lawyer levels the playing field.

Knowledgeable Brooklyn gun crime lawyers have the skills to thoroughly analyze your case, identify weaknesses, negotiate with prosecutors, and build the strongest defense. This provides the best chance at a positive outcome.

Don’t leave your fate to chance. Work with an assertive Brooklyn firearm possession attorney to protect your rights and future.