New York Criminal Defense
Lebedin Kofman LLP defends clients accused of aggravated criminal possession of a weapon in New York, including cases tied to alleged violent felonies, drug-trafficking felonies, and loaded-firearm allegations.
Defense for aggravated criminal possession of a weapon Charges
Aggravated weapon-possession cases are high-exposure matters because prosecutors tie firearm possession to another serious felony. The defense must address both the weapon allegation and the underlying felony theory.
The New York Courts Article 265 table lists aggravated criminal possession of a weapon where a person allegedly possesses a loaded firearm and commits a violent or drug-trafficking felony.
What Prosecutors May Focus On
Prosecutors may rely on firearm recovery, operability proof, drug or violent-felony evidence, surveillance, search warrants, phone data, forensic testing, and alleged admissions.
- Whether police can prove actual or constructive possession, identity, knowledge, intent, and the exact statutory theory charged.
- Whether searches, stops, warrants, statements, and forensic testing were handled lawfully and reliably.
- Whether the evidence supports the charged degree or a lower-level offense, dismissal, or non-criminal resolution.
Defense Issues to Review Early
The defense must test possession, loaded-firearm proof, the alleged connection to the underlying felony, search legality, constructive possession, co-defendant issues, and whether either component of the aggravated charge can be challenged.
- Search and seizure issues, including vehicle, home, phone, and bag searches.
- Constructive possession and access by other people.
- Forensic testing, lab reports, operability, weight, classification, or statutory-definition issues.
- Statements, body-camera footage, discovery, informant reliability, and co-defendant evidence.
How Lebedin Kofman Approaches These Cases
Lebedin Kofman LLP evaluates the charge level, evidence, police conduct, and collateral consequences early. Depending on the facts, the strategy may involve pre-arrest intervention, grand jury advocacy, suppression motions, forensic review, negotiation, mitigation, or trial preparation from the outset.
Related Defense Pages
- Gun Charges
- Criminal Possession of a Firearm
- Criminal Use of a Firearm
- Federal Gun Trafficking
- Criminal Defense
- Russ Kofman Profile
- Representative Cases & Media Coverage
Contact a New York Defense Attorney
If you are under investigation or charged with aggravated criminal possession of a weapon, speak with counsel before making statements or trying to explain the case to investigators.
646 663 4430 Send a Confidential Inquiry
Prior results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts, evidence, procedural posture, and applicable law.