Brooklyn Gun Possession Case: A Year-Old Felony Resolved
At Lebedin Kofman LLP, our criminal defense team recently represented a client in Kings County (Brooklyn) who was charged with Criminal Possession of a Weapon under New York Penal Law § 265.03 and related statutes.
The case had been pending for over a year, and the client came to us facing a final offer of three years in state prison.
The Allegations
Prosecutors alleged that our client unlawfully possessed a firearm, a Class C violent felony under New York’s strict gun laws. He was not accused of firing or brandishing the weapon, yet the prosecution sought years of incarceration.
Defense Strategy: Exposing Discovery and Procedural Issues
Upon reviewing the discovery, our firm identified multiple procedural and evidentiary issues that undermined the prosecution’s case including Potential Fourth Amendment violations in the search and seizure process
By aggressively challenging these flaws, we put the District Attorney’s Office in a difficult position, leading to a drastically improved offer.
Understanding New York Gun Possession Charges
Criminal Possession of a Weapon (PL § 265.03 – 265.02)
New York’s firearm statutes are among the strictest in the country. Depending on the charge level, penalties may include:
| PL 265.03 (2) | Class C Violent Felony | Up to 15 years | Possession of a loaded firearm outside one’s home or place of business |
| PL 265.02 (3) | Class D Felony | Up to 7 years | Possession of certain weapons or prior conviction involvement |
| PL 265.01-b(1) | Class E Felony / Misdemeanor | Up to 4 years | Possession of an unloaded firearm or specific weapon types |
Common Defenses to Gun Possession Charges
Our firm routinely achieves successful results by challenging:
- Unlawful searches and seizures (Fourth Amendment violations)
- Lack of possession evidence (proving the firearm wasn’t under the client’s control)
- Invalid stop or vehicle search
- Improper or expired search warrants
- Procedural discovery violations under the CPL § 245 reforms
Case Result: Felony Reduced and Dismissed
After months of strategic negotiation, we secured a plea to a lesser felony with one year of probation. Under the agreement, the felony will be dismissed upon completion of a year of probation, leaving the client with only a misdemeanor conviction, a remarkable result considering he originally faced three years in prison.
Outcome:
- Felony reduced and to be dismissed
- Only one year of probation
- No prison time
- Misdemeanor record only
Why Clients Choose Lebedin Kofman LLP
At Lebedin Kofman LLP, we’ve successfully defended hundreds of firearm and weapon possession cases throughout Brooklyn, Manhattan, Queens, and the Bronx.
Clients trust our firm for:
- Deep expertise in New York gun laws and CPL § 245 discovery reform
- Aggressive negotiation and litigation strategy
- Proven results minimizing or eliminating felony exposure
Contact a Brooklyn Gun Possession Defense Attorney
If you’ve been arrested for illegal firearm possession in New York City and looking for a NYC gun charge lawyer, contact us immediately. Early intervention can mean the difference between a felony record and freedom. Contact Lebedin Kofman LLP at 646 663 4430 or through our website for experienced legal representation.
This article provides general information about Gun Charges in New York. Every case is unique, and you should consult with a qualified criminal defense attorney about your specific situation.