Last Updated on: 17th October 2023, 10:57 pm

Queens Criminal Possession of a Weapon Lawyers

Getting arrested for criminal possession of a weapon in Queens can be scary. The laws are complicated, and the penalties are serious. You need an experienced criminal defense lawyer on your side. In this article, we’ll break down the law and your options so you can make an informed decision.

The Charges

There are a few main weapons charges in New York:

• Criminal possession of a weapon in the second degree – when you possess a loaded firearm outside of your home or business (class C felony)
• Criminal possession of a weapon in the third degree – when you possess any firearm or electronic dart gun (class D felony)
• Criminal possession of a weapon in the fourth degree – when you possess things like switchblades, brass knuckles, and stun guns (class A misdemeanor)

There are also separate charges for possessing large capacity ammunition feeding devices, defaced firearms, and firearms on school grounds or public transportation. Bottom line – the laws are complicated and you need to review the specific charges your facing.

Penalties if Convicted

The penalties for weapons possession charges depend on the specific offense, but can include:

• Jail time – up to 15 years for a class C felony!
• Probation – up to 5 years of supervised release
• Fines – up to $5,000 or more
• Permanent criminal record
• Loss of certain rights and benefits

These are serious charges that can really mess up your life if convicted. Even a misdemeanor weapons charge can prevent you from getting jobs, loans, licenses, and housing.

Defenses That Might Work

If your facing a weapon possession charge, some possible defenses include:

• No Actual Possession – arguing the weapon wasn’t actually yours or you didn’t really possess it
• Justification – claiming you only possessed the weapon briefly for a lawful purpose like self-defense or turning it into police
• Entrapment – proving police manipulated you into committing a crime you wouldn’t normally commit
• Illegal Search – arguing police found the weapon through an unconstitutional search, making the evidence inadmissible

An experienced lawyer can review the details of your case and decide if any of these defenses might get your charges reduced or dismissed. Don’t just take the prosecution’s word – fight back!

Getting Your Charges Dismissed

In some cases, a good lawyer can get your charges dismissed completely. Here are some ways that can happen:

• Showing illegal police conduct like an improper search, false statements, or entrapment
• Proving your innocence and that the charges are false
• Identifying weaknesses in the prosecution’s case and evidence
• Negotiating a plea bargain to get charges dropped
• Getting charges dismissed through a diversion program

This takes an experienced lawyer who knows how to challenge the prosecution. Many cases can be won with aggressive and strategic representation.

Finding the Right Lawyer

So how do you find a good lawyer to fight your weapons charges? Here’s what to look for:

• A lawyer focused on criminal defense, not other areas
• Someone who regularly handles gun and weapons cases
• A lawyer familiar with Queens courts, judges, and prosecutors
• Someone who will fully investigate your case and build the best defense
• A passionate advocate who won’t back down from a trial if needed

Also, make sure to ask about their track record getting charges dismissed and winning trials. Don’t just take their word – look up their results online.

What a Lawyer Can Do

Once you hire a lawyer, here are some key things they can do:

• Review police reports and evidence for irregularities
• Investigate the circumstances of your arrest
• Determine if your rights were violated
• Negotiate with prosecutors for dismissal or reduced charges
• Advise you on possible defenses and their chances of success
• Represent you in hearings and at trial
• Present evidence and cross-examine witnesses
• Draft motions to suppress evidence or dismiss the case

Having an advocate on your side who knows the system and isn’t intimidated makes a huge difference. Don’t go it alone.

Options If You Can’t Afford a Lawyer

If you can’t afford a private defense lawyer, you have options:

• Apply for a public defender – free lawyers for low-income clients
• Contact legal aid organizations for pro bono or low-cost help
• Ask lawyers about payment plans or credit card payments
• Borrow money from family or friends if needed
• Research lawyers willing to provide discounted or flat fee representation

Don’t let money prevent you from getting a good lawyer. Explore all options – it’s worth it.

The Outcome Really Matters

The reality is a weapons conviction can haunt you for life. It pays to have an excellent lawyer fighting for the best possible outcome for your case. With so much on the line, don’t settle for mediocre representation.

Every case is different. But an experienced criminal defense lawyer can often get charges reduced or dismissed completely. They know how to challenge the evidence, raise doubts, negotiate with prosecutors, and defend you in court if it comes to that.

If your facing a weapons charge in Queens, you need to take it seriously. Get a consultation with a top lawyer and discuss your options straight away. Don’t wait! With an aggressive defense, you can move on with your life.

About the Author

I’m a criminal defense lawyer in Queens with over 15 years experience representing clients on weapons charges. I know how devastating these cases can be. My mission is to provide top-notch representation and get the best possible outcome for each client. No judgement, just aggressive defense. If you or a loved one are facing charges, don’t go it alone. Call me today for a free consultation.

Citations

NY Penal Law § 265.03

NYC Administrative Code § 10-306

CUNY Criminal Justice – Weapons Offenses