Work closely with a NYC weapons crimes defense lawyer who brings a deep understanding of New York’s criminal law system. Explore every legal option available to you and build a sound legal defense alongside a criminal defense attorney who has seen continued success in these complex criminal matters.
Julie Rendelman should be your first choice as a criminal defense attorney here in the city. She remains highly qualified to address the complexities of firearm and weapon laws here in New York City, helping place your best interests before anything else.
As a former Prosecutor in Kings County, Brooklyn, Julie Rendelman brings a wealth of experience in New York criminal law. Her experience has included promotion to an elite Homicide Bureau, where she became the Deputy Bureau Chief, and she has now dedicated her practice to representing clients here in New York City.
With over 60 felony jury trials under her belt, she has seen ongoing success handling high-profile criminal cases across New York City with aggressive defense strategies dedicated to putting her clients’ best interests above all else.
Learn more about Julie Rendelman and contact her offices today for a free, no-obligation consultation call. Speaking with an attorney is in your best interest for any criminal matter. Simply call 212-951-1232.
You are not the first person to make such mistakes, as gun and weapon charges in New York are complex matters that require the very best legal representation. Exercise your legal right to fair and qualified representation today.
Understanding Weapons & Firearm Crimes in New York
All weapon charges in New York are complex matters, calling for aggressive legal representation that can maintain your innocence and potentially reduce the legal consequences you are facing. These charges can have varying degrees of severity, classified in various degrees, with some charges classified as misdemeanor or felony. Depending on the factors surrounding your case, the weapon involved, your intent, and your criminal history, you could be facing very serious jail time and a lifetime of legal consequences that will impact your livelihood for years to come.
Article 265 of the New York Penal Law articulates the many details of weapon charges in the state. Further, New York City maintains separate licensing laws that are different from the rest of the state. This can lead to misunderstandings and confusion regarding the lawful possession of certain weapons, often requiring legal intervention from a criminal defense attorney.
The truth is that even law-abiding and reputable citizens in New York City make mistakes regarding the ownership of weapons. Hiring the right attorney can help ensure you have a sound legal defense that places your best interests first and foremost.
What Counts as a “Weapon” Under New York Law
New York State criminal law broadly defines a weapon, often considering the full context surrounding the criminal matter, and sometimes the individual’s intent.
Some weapons are grouped into a category known as “Per Se Weapons,” which means that simply possessing them knowingly, in any capacity, is a criminal matter with its own legal consequences.
The per se weapons are listed under 265.01 of New York’s criminal code, and are guilty of Criminal possession of a weapon in the fourth degree.
- “…any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles,chuka stick, sand bag, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star.”
- Or “any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument.”
- Or a “rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense.”
S 265.02 Criminal possession of a weapon in the third degree includes possession of:
- “Any explosive or incendiary bomb, bombshell, firearm silencer, machine gun, or any other firearm or weapon simulating a machine gun.”
- “A machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun.”
- “An assault weapon or a large capacity ammunition feeding device.”
Overview of Relevant NY Penal Law Article 265
Article 265 also covers factors including age, criminal use of a firearm, manufacturing, transportation, storage, and defacement of weapons, including the illegal sale, purchase, and disposal of weapons. The legal language surrounding weapons and other dangerous devices in New York is exhaustive, considering a wide range of different weapons.
Other aggravating factors, including your intent to use a weapon against another or their property, possession of multiple weapons, and your criminal history, could upgrade such charges. Those who have a prior felony conviction or have been charged with domestic violence-related crimes in New York are often prohibited from purchasing or possessing dangerous weapons.
These criminal charges often come with supplementary legal consequences, depending on the nature of your case. New York criminal code considers the location of such crimes, where criminal possession of a weapon in places like schools and government buildings comes with additional consequences.
Owning a firearm legally in New York state remains a complicated feat, requiring the public to apply for specific licenses that include consideration of an individual’s criminal history and character. Criminal background checks are part of the process, and permits are issued in specific counties.
In some cases, gun owners who have acquired permits outside of New York City will require permission to carry a firearm directly from the city itself. Failure to do so could result in a criminal case against you.
Common Weapon & Firearm Offenses We Defend
The Law Offices of Julie Rendelman continue to represent clients regarding many weapon or firearm-related charges in New York City. Our deep understanding of New York’s gun and weapon laws means that we can formulate strong legal defenses that are unique to your case.
Explore service offers available on behalf of the Law Offices of Julie Rendelman. Some of the most common offenses we can defend include:
- Criminal Possession of a Weapon in the Fourth Degree (including possession of illegal knives, stun guns, and more).
- Criminal Possession of a Weapon in the Third Degree
- Criminal Possession of a Weapon in the Second Degree (including firearms, loaded or with intent to use unlawfully).
- Criminal Possession of a Weapon in the First Degree (possession of 10+ firearms or explosive/destructive weapons).
- Criminal Possession of a Firearm (including unregistered, unlicensed handgun or prohibited firearm under § 265.01-b).
- Firearm Use & Enhanced Offenses ( including “use” or “display” during another crime, sale or trafficking, possession of unregistered rifles/ghost guns).
Potential Penalties & Consequences in NY
The many circumstances of your case will determine the potential legal consequences you will face. While misdemeanor Criminal Possession of a Weapon in the Fourth Degree is considered the “least serious” of charges, any kind of weapon charge calls for swift legal intervention to lessen the consequences you will face. Even a conviction of a misdemeanor weapons charge can have lifelong consequences, restricting your ability to legally purchase or own firearms, hefty monetary fines, and the appearance of your name on criminal background checks for the indefinite future.
Those who face weapon-related charges and have a previous criminal record should expect very serious legal consequences, including the possibility of jail time. Many of the charges discussed earlier are felonies, where prosecutors have shown very little leniency for such crimes.
Class D/C/B felonies come with possible prison time of up to 25 years for first-degree or aggravated offenses. Further, there are collateral consequences that will follow you for the rest of your life, even after you have served your time in prison. This includes a potential lifelong criminal record, the loss of your professional licenses, along with serious personal and professional reputational damages. In some cases, these crimes can create complex immigration issues or limit your ability to find housing or meaningful employment.
Why You Need a Skilled Defense Attorney For New York Weapon Crimes
New York maintains incredibly strict gun and weapon laws that can be difficult to navigate even for the most experienced and law-abiding gun owner. The definition of what the state considers a “weapon” is incredibly broad, with several laws dictating the licensing, registration, and storage and/or carry rules that can result in an innocent mistake turning into a complex criminal matter. Some less obvious weapons that are innocently owned by everyday citizens can result in a criminal charge against them.
It is not uncommon for a technicality to turn an innocent possession into a serious felony charge. In some cases, even minor weapon offenses can be bumped up to a felony charge due to your criminal history or other aggravating factors. Further, these types of criminal charges could overlap with other charges, including violent offenses, drug crimes, and trafficking.
Having an incredibly skilled criminal defense attorney who can consider every detail of your case and strategically argue in your favor, work to reduce the legal consequences and potentially, in some cases, have the charges dropped entirely, is imperative.
Our Weapons & Firearm Defense Strategy at Rendelman Law
Learn about the attorney services offered on behalf of Rendelman Law:
- Immediate Representation: Early intervention from our team can help guide clients on exactly what to do the moment they are arrested or under investigation for weapon charges. We work to protect your rights, suppress illegal search or seizure, and challenge the evidence against you.
- Case Review & Evidence Analysis: We carefully review all physical and digital evidence, including its chain of custody, the legality of the stop or search, the validity of the weapon classification (gun vs non-gun, antique vs modern), and the presumptions of intent or possession under § 265.15.
- Negotiation, Plea Offers & Mitigation: We can negotiate directly with prosecutors, exploring the possibility of having your charges reduced to lower-degree offenses, the option of conditional discharge, or a potential dismissal.
- Trial-Ready Defense: ready to present legal challenges against your charges with a full defense unique to your case. We can also work on jury selection, cross-examination, and curate expert witnesses in your best interests.
Frequently Asked Questions
Find answers to some of the most frequently asked questions about weapon and gun charges in New York City.
What’s the difference between the different degrees of weapon possession in NY?
Weapon possession charges come with varying degrees of severity that consider the type of weapon in your possession, the individual’s prior criminal history, their intent, and where the weapon charges took place.
Can possession of a knife or non-firearm be a felony in New York?
Yes.
Many kinds of knives or non-firearm weapons could be considered a felony offense in New York. Depending on the nature of your case, your prior criminal history, and your intent, you could face a felony charge. Possession of non-firearm weapons, including but not limited to knives, daggers, knuckles, bludgeons, and sling shots, could result in a felony criminal charge.
What happens if I am stopped by police without probable cause and they find a weapon?
You are likely to be arrested for this scenario and be charged with a crime. Collaboration with a qualified criminal defense attorney can help you navigate these charges and potentially lessen the consequences of your case. Speak with a criminal defense attorney directly to further discuss your case.
Does a license from another state (or a concealed carry permit) matter in NYC or NY?
No.
New York State and New York City do not recognize out-of-state licenses or concealed carry permits.
Can weapon charges in New York be reduced or dismissed? What are my odds?
Yes, potentially.
Each case is unique, and the odds of success can vary greatly. Hiring a qualified and highly experienced criminal defense attorney is your best bet for seeing your charges reduced or dismissed. Further, early legal intervention is highly important.
Why Choose Rendelman Law for Your NYC Weapons Case
Julie Rendelman and her associates bring extensive experience defending gun and weapon charges across the boroughs of New York City. Our deep knowledge of NY Penal Law § 265 and caselaw, including extensive trial experience, means you are in the absolute best of hands for these charges. Our team regularly sees positive results for such charges, working to maintain your innocence and protect your reputation.
We offer prompt and responsive availability for such matters, crafting personalized defense strategies that have a proven track record of handling both misdemeanor and serious felony weapons cases in New York City. New clients can take advantage of a free, no-obligation consultation call, helping you better understand what’s at stake and the role our firm can play in your defense.
Contact Us Today For A Free Consultation
Reach out to us directly, day or night, and speak with our team to begin the process now. Should you be facing weapon or firearm charges, acting quickly and speaking with us as soon as possible can be a major difference maker in your case. Our team is ready to serve, regardless of how complex or simple your charges may be. You are innocent until proven guilty.
Don’t wait. The moment you are arrested or investigated for such charges is the moment you should reach out to us directly. Should you be unable to reach out to us directly, request that a close family member or friend reach out to us on your behalf. Contact the Law Offices of Julie Rendelman.
Call us now at 212-951-1232.
New York, NY 10017
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