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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.

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New York Penal Code Section 265 01 B Criminal Possession Firearm

By Spodek Law Group | July 17, 2023
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 10:54 pm

When Packing Heat Gets You in Hot Water: NY Penal Code 265.01-b

Whoa nelly, looks like you got caught riding dirty and are now facing charges under New York Penal law section 265.01-b for criminal possession of a firearm! I know going up against this heavy firearm charge has you more shook than a leaf in a hurricane. But don’t go getting all twitchy just yet – with the right lawyer on your side, you can beat this rap.

Let me hip you to my man Todd Spodek at Spodek Law Group. Now Todd, he’s a real OG when it comes to firearm charges in New York. He’ll break down exactly what you’re up against with NY penal code 265.01-b and build you a solid defense so you stay out of the slammer.

See, in New York they take firearm possession real seriously. Section 265.01-b is what they get you with for straight up having a gun that you ain’t supposed to have. We’re talking handguns mostly – pistols, revolvers, automatics and the like.

If you’ve been popped with one of these, you’re looking at some hard class C felony time, anywhere from 1 to 15 years if convicted. Even if you just had it in your house or car but never busted a shot, you’re still on the hook. Heck, they’ll throw the book at you even if it ain’t loaded. The law is the law, ya feel me?

Now I know you’re probably shaking in your boots thinking about doing a nickel or a dime upstate. But that’s exactly why you need Todd Spodek and his crew of legal eagles at Spodek Law Group getting to work on your defense ASAP.

Beating the Rap with the Right Defense

See, even though 265.01-b sounds scary, there are some perfectly legit reasons why you might have a pistol that the law says you shouldn’t. Check it – let’s say you found a random gun on the sidewalk walking home. So you pick it up cause you don’t want no kids getting ahold of it, and are taking it to the police station to turn it in. But before you get there, the cops search you for whatever reason and bam – you’re locked up on firearm possession. That make it right you should do time when you were trying to do the responsible thing? Heck no!

Or what if you took your brother’s gun from him cause he was drunk and acting all crazy and you didn’t want him hurting nobody. So you grabbed it away until he sobered up. But next day the cops show up at your door cause your brother reported the “theft.” Even though you were just keeping everyone safe, according to the letter of the law you’re still illegally possessing the gun.

This is where having a lawyer like Todd pays serious dividends. He can argue voluntary possession – that you ain’t voluntarily or intentionally possessing no firearm. Todd’s an artist when it comes to painting a picture of innocence for the judge and jury. He’ll show how the gun ended up with you through no fault of your own and that you weren’t trying to do no harm.

Thanks to arguments like these, Todd’s gotten countless 265.01-b cases tossed out or beat at trial. The brother’s a legal wizard!

Stay Strapped…With the Right Attorney

Now I know guns and thug life go together like peas and carrots for some people. You may feel like you need to be strapped 24/7 just to survive in your neighborhood. But under the law that don’t make it legal. Having Todd and Spodek Law in your corner though, that can help tip the scales of justice in your favor.

Beyond voluntary possession, Todd has all kinds of other tricks he can use to beat a 265.01-b rap:

– Challenge if the police search that found your gun was constitutional
– Dispute if you actually “possessed” the firearm or just briefly handled it
– Claim you did not know the gun was loaded (makes it a misdemeanor not felony)
– Argue you are exempt from the law due to special circumstances

See, when you have a lawyer as slippery as Todd, the law starts to look more like loose guidelines than actual rules. He’ll find every loophole and technicality to get your charges lessened or dropped.

So if you find yourself caught red-handed with a pistol, shotgun, revolver or other piece the law says you shouldn’t have, call Todd at 212-300-5196 for help STAT. You don’t need to be caged like an animal for exercising your right to self-defense.

With Todd throwing legal haymakers on your behalf, you can rest assured he’ll work every angle to keep you out of the prison yard. He’ll stand before the judge as the law’s last line of defense to shield you from their overzealous application of Penal Code 265.01-b. So holster that pistol and call Todd today!

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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 feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~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

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