A NYC Gun Crime Lawyer can work to defend you in the event that you experience criminal charges related to the possession of a firearm. Illegal possession of a firearm here in New York City comes with severe criminal consequences. Criminal defense attorneys are tasked with representing you throughout the legal process, ensuring your rights are protected, while formulating a defense strategy unique to your case.
With random and catastrophic episodes of gun violence appearing on the news with increasing frequency, New York State law has a zero-tolerance approach to the illegal possession of firearms. Even the charges that are not felonies can send you to jail and give you a criminal record that limits your opportunities in life.
Both federal and misdemeanor charges should be taken seriously the moment you are arrested or the moment you are investigated for such crimes. Without proper legal representation, you face the risk of having the legal consequences follow you long after your time spent in jail.
Take these charges seriously as soon as reasonably possible, and retain a criminal defense attorney who can work to have your charges reduced, or, in some cases, dropped entirely.
Criminal Possession of a Firearm In New York
NYPL 265.01-b, which was passed in the wake of the Sandy Hook, Connecticut elementary school tragedy and other mass shootings, resulted in the creation of a new gun offense, Criminal Possession of a Firearm. At one time, if you possessed an unloaded firearm, then you could only be charged with Criminal Possession of a Weapon in the Fourth Degree which is a Class A misdemeanor. Now prosecutors have the discretion to charge you with Criminal Possession of a Firearm instead, which is a Class E non-violent felony. If convicted, then you could spend up to four years in prison.
Criminal Possession of a Weapon on School Grounds
This is another law that was passed after several school shootings. It is an automatic felony charge if you knowingly possess a firearm in any place used for education purposes, such as a school, college, or university. A Class E felony, it can send you to prison for up to four years.
Criminal Possession of a Weapon in the Fourth Degree
If you possess any firearm without the proper license, then you may be charged with Criminal Possession of a Weapon in the Fourth Degree, a Class A misdemeanor. This base weapons possession offense can result in you spending up to one year in jail and/or paying a substantial fine.
Criminal Possession of a Weapon in the Third Degree
There are a number of gun-related circumstances that could result in this charge being applied against you. They include:
You were previously convicted of another weapons possession charge
You were caught with a firearm on you and have been convicted of a Class A misdemeanor or felony in the last five years
You possessed an unloaded firearm while committing a violent felony offense
You were arrested with three or more firearms in your possession
If convicted of this Class D felony, then you could spend up to seven years in prison.
H2: Criminal Possession of a Weapon in the Second Degree
This charge, which is a Class C felony, generally applies in one of three circumstances:
You are carrying a loaded firearm, disguised gun, or machine gun with intention of using it on another person
You possess five or more firearms
You possess a loaded firearm outside your home or place of business
A conviction could send you to a state prison for up to 15 years.
Criminal Possession of a Dangerous Weapon in the First Degree
This is one of the most serious weapons offenses you can be charged with, as it is a Class B felony that can result in a 25-year prison sentence. If you illegally possess 10 or more guns or an explosive device that you intend to use, then a prosecutor will swiftly apply a charge of Criminal Possession of a Dangerous Weapon in the First Degree.
Contact The Law Offices of Julie Rendelman Today
If you are arrested for a gun crime in New York, then contact an experienced criminal defense attorney immediately. Without legal advice and assistance, you could face years of prison time and substantial fines, so protect yourself and your future from the very beginning. Call The Law Offices of Julie Rendelman, LLC at 212-951-1232 for a free consultation if you are dealing with criminal charges related to gun crimes.
The team working at Rendelman Law maintains a long history of favorable results in cases just like yours. The costs associated with our services remain incredibly small in comparison to the lifelong challenges you will face if you are convicted of felony or misdemeanor gun charges. The attorneys who prosecute these charges often show very little leniency, calling for you to retain our services as soon as possible.
We remain available to serve your best interests, offering dedicated and personalized representation focused on helping you navigate these charges from start to finish. Learn more about the work of Julie Rendelman.
Contact us now for more information.
Find Answers To Frequently Asked Questions Related to Gun Crimes in NYC
Explore these FAQs to learn more about gun crimes in New York City.
How much does a criminal defense lawyer cost in NYC?
The costs of a criminal defense lawyer in NYC can vary, depending on the complexity of your case and how much work is required on behalf of your attorney. Request a free quote to learn more about specific pricing.
How much time can you get for a gun charge in NYC?
Most gun-related criminal charges are felony crimes, with the possibility of up to 15 years in prison. Legal consequences can vary depending on your previous criminal record and the circumstances of your case.
Can you get your gun rights restored in New York?
It is possible to have your gun rights restored after a criminal conviction. This process can be complex, often requiring the services of a qualified attorney who can guide you through the process. Individuals who want to have their gun rights restored will be subject to varying waiting periods and evidence of rehabilitation. Some individuals convicted of violent felony crimes are not eligible to have their gun rights restored. Speak with an attorney to learn if you qualify.
What disqualifies you from owning a gun in NY?
Conviction of misdemeanor or felony crimes here in New York City can prevent you from owning or purchasing a firearm. Many restrictions are placed on criminals upon their conviction, especially if the individual was convicted of a violent crime. Each case is unique, and speaking with a qualified attorney can help you better understand your gun rights here in New York City.
How strict are the gun laws in NYC?
New York City has a reputation for its strict gun laws. Individuals are required to obtain a NYPD-issued license to own any kind of firearm. The process for obtaining this license includes several fees, fingerprinting, and a criminal background check, along with a mandatory safety course.
Further, New York City also maintains restrictions on the concealed carrying of a firearm, along with requirements for the safe storage and transportation of firearms.
What happens if you get caught with a handgun in NYC?
Should you be caught with a handgun in New York City, you will be arrested and likely face felony criminal charges. These criminal charges have lifelong legal consequences, including the possibility of several years in jail. The specifics of your case will determine the exact legal consequences you will be facing.
Can I carry a gun in my car without a permit in NY?
No.
Individuals must meet licensing requirements to carry a gun in their vehicle.
Can a felon own a gun in NY?
Most felons are not able to legally own a firearm in New York. There are some cases in which a convicted felon can have their gun rights restored many years after a criminal conviction. Speak with an attorney to learn more about your options and whether you are eligible to have your gun rights restored.
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