If you are facing weapons-related charges in New York, understanding the best defenses available to you is crucial to protecting yourself and your future. Continue reading for more information and work with an experienced New City gun crime lawyer today.
What Are the Penalties for Weapons Charges in New York?
Many people assume that a “weapons charge” automatically means a gun, but New York law also criminalizes offenses with certain knives or other weapons. Common weapon-related crimes include:
- Criminal possession of a firearm
- Criminal possession of a firearm
- Possession of a weapon on school grounds
- Criminal sale of a firearm
- Criminal purchase or disposal of a firearm
- Criminal possession of a dangerous knife or other prohibited weapon
- Unlawful possession of a loaded firearm
The penalties that weapon-related charges can carry vary significantly depending on the specific type and nature of the offense, as well as the defendant’s history. Some are charged as misdemeanors, while others are considered felonies.
Misdemeanor penalties may include up to 1 year in jail, probation, fines and surcharges, community service, educational courses, and more. Felony penalties may include several years in state prison, fines, and consequences regarding professional licensing. Beyond these consequences, convicted individuals often lose gun rights or face immigration issues for non-citizens.
What Defenses Should I Raise Against My Weapons-Related Charges in NY?
As established, the penalties for a weapon-related conviction can be severe. For that reason, it is imperative that you understand the various defenses available to you and which will work best in your case.
Good defensive strategies will work to suppress evidence or challenge the prosecution’s ability to prove all elements of the offense. Consider the following.
- Lack of knowledge: Your defense team can argue that you were unaware that the item in your possession was a weapon or that you did not know you possessed the item at all. For example, if you borrowed a friend’s car and a weapon was hidden in the trunk, you might argue you lacked the knowledge for a conviction.
- Unlawful search and seizure: If law enforcement obtained evidence through a violation of your Fourth Amendment rights, your defense team may file a motion to suppress that evidence, potentially leading to the dismissal of the charges against you.
- Temporary and lawful possession: If you temporarily possessed the weapon for the sole purpose of disposing of it or delivering it to the authorities, and you had no intent to use it unlawfully, this can serve as a defense, especially if you can demonstrate a compelling reason for your brief possession.
- Procedural issues: It is possible to raise a chain of custody complaint to challenge how the evidence was handled, stored, or transferred. The police could also have failed to follow proper procedures or protocols, which could help your case.
- Duress or necessity: While only available in limited instances, your defense team can argue that you possessed the weapon because you were under duress or faced immediate danger, and possessing the weapon was necessary to prevent a greater harm to yourself or others. However, note that this defense rarely works and requires specific circumstances.
For legal assistance in determining which defense will be most effective and applying it to your case, contact an experienced attorney today.
