Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

New York Penal Code 265.13: Criminal sale of a firearm in the first degree

By Spodek Law Group | May 4, 2017
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 08:56 pm

Dealing with Firearms in New York: Understanding the Ins and Outs

Hey there, let’s dive straight into this. You must’ve heard about all the gun-related incidents making headlines in recent years, right? Well, it’s made us all take a closer look at gun control and tightening gun laws. You may have heard of the PLAX law passed by New York in 2006 – this law really put the spotlight on New York as a state with tough firearm possession laws.

If you’re a New Yorker and own a firearm, it’s gotta be licensed and registered. No exceptions. Got an unlicensed firearm? That’s illegal, mate. Cops are really cracking down on this – they’re all about getting as many illegal firearms off the streets as they can. The court system’s backing them up with some serious sanctions for anyone who’s bold enough to flout these laws.

What’s New York Penal Code 265 All About?

So let’s break down New York Penal Code 265. This penal code gets into the nitty-gritty of firearm laws, with section 265.13 focusing on the criminal sale of a firearm in the first degree.

Think about it this way: if someone, who’s not legally authorized to own a firearm, decides to sell, gift, or exchange 10 firearms over a year, that’s what the law calls a criminal sale of a firearm in the first degree. Firearms here cover everything – pistols, rifles, shotguns, handguns, assault weapons, machine guns, and a whole lot more.

Violation of this code is no joke – it’s considered a class B felony, and carries hefty prison time plus fines and probation. If you’ve got a clean record, the mandatory minimum prison sentence is 5 years. But if you’ve got priors, the mandatory minimum sentence jumps to 10 years. And the maximum sentence can reach up to 25 years in state prison with a potential fine of up to $30,000. Pretty severe, right?

A Case in Point

Let’s paint a picture here. You’ve probably heard of gun shows – popular places where firearms are bought and sold. If a vendor at a gun show was selling guns they’re not legally allowed to own, and sold at least 10 guns, that’s a violation of NY Penal Code 265.13. And it’s not like they have to sell them all at once or to a single person. The sales can add up over a year. Say, the vendor hits ten different gun shows over 12 months and sells one gun at each show. If they’re not authorized to own the guns, that’s a first-degree criminal sale.

What a Sharp Attorney, like Todd Spodek, Might Advise

A smart attorney, like Todd Spodek at the Spodek Law Group, can study the case from all angles and figure out the best defense to get the charges reduced or maybe even dropped. If the gun owner can prove they legally owned some of the guns and they were properly licensed and registered, that’s one angle. Less than 10 guns would knock the crime from first degree charges and that could significantly affect sentencing.</p

Law Enforcement: What They Can and Can’t Do

Also, remember there are strict laws about when cops can stop and search someone. A good defense lawyer, like Todd, can bring up any violations of these rules in defense.

Firearm Trafficking: A No-Go Zone

Look, trafficking in illegal firearms is a serious offense. Neither law enforcement nor the court system is going to turn a blind eye to it. In New York, especially, they’re pretty gung-ho about keeping the public safe from gun-related crimes. If you ever find yourself charged with something like this, the first thing you should do is reach out to an attorney, like Todd Spodek.

Another Chapter in the Penal Code: 265.11

Let’s also talk about another part of the New York Penal Code 265.11. This one deals with the criminal sale of a firearm in the third degree. This is a class D felony and typically involves someone who’s not an authorized gun holder or seller. If they have a weapon illegally and sell, exchange, or give away a firearm, they’re violating 265.11. This law even treats a high-capacity ammunition device as a firearm. So, if you’re in possession of such a device and plan to sell it, you could face charges under this law.

There are a few offenses related to 265.11, such as New York Penal Code 265.01-a, which deals with the criminal possession of a weapon on school grounds, and New York Penal Code 265.13, which we talked about earlier.

Let’s Go Through a Few Scenarios

Imagine the cops witness an illegal transaction of a firearm. Let’s say they see a sale of a pistol either by surveillance or pure coincidence. The seller would be charged with criminal sale of a firearm in the third degree.

Or, say the police arrest someone for illegal possession of a firearm. If the person who had the weapon tells the officers who sold them the gun, the police could then nab the suspected seller under the same law.

And one more example for you. The cops get a search warrant, check out someone’s house, and find a couple of identical pistols in a storage device with a price tag. That’s a clear intention to sell those firearms, and the weapon owner could be arrested under this law.

Possible Defenses, According to Todd Spodek

The first defense that comes to mind is challenging the search by the police that led to the discovery of the firearm. Cops have to follow strict rules when stopping someone and searching them, or when searching someone’s home. If the officers involved in the case didn’t stick to these rules, the case could fall apart. For example, if you can show that the police stopped you because of your race rather than having solid intelligence or probable cause, you’ve got a fighting chance against Penal Code 261.11.

Another defense is disputing the intent to sell or distribute the firearm. Sure, possessing an illegal firearm is against the law and comes with penalties, but selling such weapons is a heavier charge. A top-tier NYC defense lawyer could argue that the weapon was never on the market and there was no intention to distribute it. That could potentially fight off the charge of criminal sale of a firearm in the third degree.

Penalties for Breaking Penal Code


Being convicted under New York Penal Code 261.11, a class D felony, can lead to some serious time in prison – up to seven years. How long you’d serve depends on your criminal history. For instance, if you have a prior felony conviction, you’re likely to serve a longer sentence. On top of the prison term, you could also face fines.

Remember, these are serious charges and penalties we’re talking about here. If you’re ever in such a situation, get yourself a lawyer, like Todd Spodek, ASAP. Stay safe out there!

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
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. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!