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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

New York Penal Code 265.35: Prohibited Use of Weapons

The law frowns on the dangerous or irresponsible discharge of a firearm anywhere, and New York has some of the strongest gun and weapons laws in the United States. As per the New York Penal Code section 265.35, it’s a crime for a person to:

  • Hunt with a dangerous weapon in a county wholly embraced by a city
  • Shoot a gun at an aircraft, train, car, bus
  • Point a firearm at or discharge a firearm when it is pointed at another person
  • Maim or injure another person with a firearm unless it is in self defense

Here’s an example
The Yankees win the World Series against the Mets in seven games. An ecstatic Yankees fan goes out into his yard and fires his shotgun into the air in celebration. The guy didn’t point the gun in the direction of anybody or anything but the sky, but what goes up must come down. The discharge of the shotgun was witnessed by the neighbors on both sides of the shooter. The neighbor who is a Mets fan calls 911 and says there’s a guy outside shooting a gun. If arrested for that act, the Yankees fan would likely be found guilty of the prohibited use of a weapon.

Defenses to prohibited use of a weapon
New York Penal Code section 265.35 contemplates certain defenses. First and foremost is the performance of the official duties of a police or peace officer. Those duties are quite broad. Self defense is also addressed. The criminal jury instructions for New York penal law 35.15(2) involving justification and the use of deadly force elaborate at length on self defense. Other viable defenses like denying discharge of the weapon, somebody else firing the weapon and unintentional firing can also be raised. Remember that the prosecution has the burden of proof in any criminal case. It must prove the defendant guilty beyond a reasonable doubt.

Prohibited use of weapons can be charged as a misdemeanor or a felony
You’ll want an experienced and effective NYC criminal lawyer representing you on any weapons charge. A misdemeanor conviction for prohibited use of a weapon carries a jail sentence of up to 364 days in jail. A felony conviction is punishable by up to seven years in prison. Any conviction involving a weapons offense can follow you for life.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

We leave no stone unturned
Don’t give police a statement or a confession. Upon being arrested, you have the right to remain silent along with the right to an attorney. The prosecution will only try to use your statement, confession or both of them against you in the future. When we’re retained, we’ll review all police reports and the like and then we’ll interview any witnesses. We start looking for any technical procedural errors involving your arrest right away. Sloppy police work can often lead to a dismissal. Then we’ll interview any occurrence and post occurrence witnesses. We want every piece of evidence that the state has against you along with any evidence that’s favorable to you. If witness statements are conflicting, those help us in raising reasonable doubt.

Call us first upon any arrest for a free consultation and case evaluation. We’ll advise you of your options. Then we’ll also advise you of how to best protect your rights and interests. We’re available toll free at 888-981-9185 24 hours a day 365 days a year. Exercise your right to remain silent along with your right to the defense attorney of your choice. Contact us immediately after any arrest. Your job, freedom and future all need to be protected.

Discharge of Firearm Lawyers

In the state of New York, including in New York City, the discharge of a firearm generally is considered illegal. If you are charged with the unlawful discharge of a firearm in New York, you face the prospect of criminal prosecution that can result in a fairly significant penalty.

What Constitutes a Firearm for the Purposes of the Law?

A number of different types of weapons fall into the category of what constitutes a firearm for the purposes of an unlawful discharge. These include a shotgun, handgun, rifle, or automatic weapon. In addition, any weapon that fires any type of projectile is likely to be considered a firearm for the purposes of a prosecution under the illegal discharge law in New York.

Exceptions to Illegal Discharge

There are some limited circumstances in which the discharge of a firearm is not deemed illegal in the state of New York. Situations in which a firearm lawfully can be discharged include hunting, target practice, use in the line of official duty, and self-defense.

Legal Possession of a Firearm Does Not Make Discharge Legal

The fact that a person lawfully owns a firearm does not mean that he or she can lawfully discharge the weapon. In New York, absent using a lawfully-owned firearm within the parameters set forth a moment ago, a discharge can be illegal because it occurs in the proximity of another person, a motor vehicle, a school, or a residential dwelling.

Discharge of a Firearm and Associate Crimes

A common occurrence in New York is that a person is charged with the unlawful discharge of a firearm in relation to a related or associated case. In other words, in some instances, an unlawful discharge of a firearm allegation is used to enhance criminal charges being lodged against a person in a case.

Examples of other types of criminal charges that oftentimes are associated with the unlawful discharge of a firearm in New York include murder, assault, car jacking, robbery, drug-related offenses, felon in possession of a firearm, gang-related crimes, illegal hunting activity, domestic assault, or terrorism.

The addition of a firearm charge like this adds to the potential penalty in a case in and of itself. However, an unlawful discharge charge added to an associated criminal charge can actually enhance the specific sentence associated with the companion criminal charge.

Federal and State Charges

The unlawful discharge of a firearm is a crime that can be prosecuted on both the state and federal levels. The venue in which an unlawful discharge of a firearm is prosecuted depends on the specific facts and circumstances of the case at hand. Keep in mind that it is possible for a person to end up prosecuted on both the state and federal levels for an unlawful discharge of a firearm matter, particularly if here are associate charges violating both state and federal law.

Penalties for Unlawful Discharge of a Firearm

The penalties for unlawful discharge of a firearm depend in part on the facts of a specific case as well as a defendant’s prior criminal history, if any. On the state level, in New York a person convicted of the unlawful discharge of a firearm can face anywhere from 18 months to seven years in prison. If the case is brought on the federal level, a defendant can face up to a 10 year term of incarceration.

Monetary penalties can be imposed in an unlawful discharge of a firearm case as well. In addition, if there a defendant can also face a restitution order, depending on whether any financial losses were incurred because of the incident.

Retain Experienced Legal Representation

A person facing charges associated with the unlawful discharge of a firearm best protects his or her rights and interests by retaining the services of a skilled, experienced New York criminal defense attorney. A New York criminal defense lawyer will schedule a initial consultation with a person facing unlawful discharge charges at no cost to the potential client.

When facing charges of unlawful discharge of a firearm, a person needs to be proactive when retaining legal counsel. The reality is that a case tends to move quickly in the New York criminal justice system, and there is no time to spare in seeking a criminal defense attorney.

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