What should someone do after an arrest for aggravated criminal possession of a weapon?

They should avoid making statements without counsel, preserve possible defense evidence, and contact a defense attorney quickly. Early work can affect bail, search issues, statements, grand jury strategy, negotiation, and trial preparation.

Can aggravated criminal possession of a weapon charges be challenged?

Yes. Possible defenses depend on the facts and may involve possession, knowledge, intent, statutory definitions, search legality, constructive possession, chain of custody, forensic evidence, witness reliability, or whether prosecutors can prove the required charge level.

Why does the exact charge level matter in a aggravated criminal possession of a weapon case?

Different degrees and statutory theories can affect felony level, sentencing exposure, plea posture, immigration risk, licensing consequences, and the evidence prosecutors must prove beyond a reasonable doubt.

New York Criminal Defense

New York Aggravated Criminal Possession of a Weapon Lawyer

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.

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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

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.

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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.