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Experienced Manhattan Gun Charge Lawyer

Experienced NYC Weapons and Gun Crime Lawyer

Experienced Manhattan Gun Charge Lawyer - Lebedin Kofman LLP - NYC Firearms Lawyer

New York’s laws involving firearm or weapons possession are harsh. While many states do allow the possession of a firearm in many places, New York state laws are some of the strictest in the country. A firearm or weapon license issued outside of the New York state is not recognized in the state, unlike a driver’s license. Tourists who are not familiar with the laws of New York are sometimes caught carrying illegal guns at tourist attractions like the Statue of Liberty or the Empire State Building or the airport.

Seeking the help of an experienced Manhattan gun charge lawyer if you are charged with illegal gun possession is very important. A skilled NYC lawyer will know the New York laws regarding guns and Second Amendment rights. The lawyers at Lebedin Kofman LLP may be able to help you if you are facing gun crime charges, call now (646) 663-4430.

Firearm and Weapon Laws in New York City

Without a license, the state of New York bans the possession of any loaded weapon, such as a rifle or short-barreled shotgun, or an assault weapon, outside the residence or business.  The city of New York follows strict laws regarding the possession and sale as well as the use of weapons. 

A mandatory minimum sentence is used for many firearms offenses in New York City and New York State. New York City also has additional laws that apply to firearms and are punished by criminal penalties.

Most firearms charges in New York City are categorized as Criminal Possession of a Weapon. The New York State Penal Law also has firearms charges that specifically apply to firearms such as the Criminal Use of a Firearm and Criminal Sale of a Firearm.  

Although gun laws and charges vary across the country, New York ranks among the top five states that have the strictest firearms laws. Some states permit citizens to openly carry guns, while others let them conceal firearms with no permits.

Some states permit individuals to legally carry concealed firearms without the need for a permit. These are known as constitutional carry states. This includes the three northeast states of Maine, New Hampshire, and Vermont, as well as other states like Arizona, Mississippi, and Missouri. Iowa, Oklahoma, and Tennessee are just a few of the other states that allow open firearms carry.

New York State requires firearm licenses. This license is valid in New York City as well as the rest of the 57 counties. There are three types of New York firearms licenses: carry concealed, possess on-premises, and possess/carry during employment. To obtain a firearms license, you must be at least 21 years of age, have no previous felony convictions, and have good moral character.

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The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Common Types of Gun or Weapon Charges in Manhattan and NYC

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Criminal possession of firearms is one of the most serious gun-related offenses in New York. It could include possessing illegal ammunition or a sawed-off shotgun. Criminal possession of firearms charge could also be brought against Felons who are accused of possessing a firearm.

The charges for criminal possession of firearms are broken down into four levels. A fourth-degree offense is a misdemeanor. Criminal possession of a firearm in the first degree is the most severe of all these charges. and it can lead to 25 years imprisonment. If the defendant has a previous conviction, there may be an increase in the level of the criminal possession charge. 

Many common New York gun charges can be affected by the person’s criminal history. The minimum sentence increases to seven years if the person has been convicted of a violent felony before. New York State law may consider a firearm loaded if the gun can be loaded and ammunition is easily accessible. This is considered a violent crime.

  • Simple possession of an unlicensed firearm –  If the firearm is found “loaded” outside your residence or business, you could be charged with a Class “C” violent felony. 
  • Assault firearm possession – This offense is considered a felony. It does not matter if the gun was loaded or if you intended to use it. This charge can also be very serious. 
  • Possession of large ammunition feeding devices – This charge includes the possession of a pistol magazine that can hold more than 10 rounds. It is considered a Class “D” felony and can be very dangerous.
  • Criminal Possession Of A Firearm – New York’s Safe Act added a new crime for the possession of firearms in your house or outside of your residence or business. These offenses were once misdemeanors, but may now be charged as non-violent felonies.
  • Selling firearms – the sale of firearms to minors and secondary buyers is restricted. Selling firearms without a license is illegal.

New York’s gun crime penalties are harsh and are getting more severe. Anyone facing such charges should consult a New York City attorney to protect their rights. The experienced Lebedin Kofman LLP attorneys may be able to help you protect your rights and your freedom.

New York’s firearms laws include an essential element: that firearms or the weapon must be operable. This applies equally to shotguns, handguns, and rifles. Operability is defined in New York law as “capable to discharge ammunition.” Prosecutors aren’t required to show that someone charged with firearms possession is aware that the firearm can be used.

A police laboratory will try to shoot a firearm in a large container of water to determine operability for firearms charges. Contrary to popular belief, bullets don’t travel very fast underwater. The police laboratory can produce reports that will indicate whether a firearm’s operability is determined.

A firearms laboratory report usually includes a section that describes the results. This report typically states which ammunition was used, and how much force was required to trigger the pull. To prove operability, the lab analyst responsible for the operation test must be present at the trial.

New York State is known for its complex weapon laws and strict penalties. For both first and second-time offenders, as well as those who have a long history, mandatory prison sentences are common. 

Prison sentences can range in severity from Class A felonies to misdemeanors. Even if you have an out-of-state permit, the judge is required to incarcerate you for possessing a firearm. This sentence can be up from a minimum of three and a half years to a maximum of 15 years. Depending on the particular offense and degree, you can also be sentenced to anywhere between one year for lower misdemeanors and 25 years for a Class B felony.

Fines are a possibility, although they’re not very common. However, prosecutors and judges may seek to impose these types of fines. A Class A misdemeanor conviction could result in a $1,000 fine. However, someone convicted for a more serious offense, such as a class B felony may be subject to exponentially higher penalties. A gun-related conviction can have many consequences, including being denied employment, facing deportation, or losing visa status.

Allegedly, firearm charges are often a result of illegal search and seizure. However, the United States Constitution as well as the New York State Constitution prohibit police from searching individuals because they feel the need to.

Law enforcement officers need to have a suspicion that is based on alleged facts before they can fully search a person.  Search and seizure laws involving firearms must be specific to facts. 

A person accused of possessing a firearm can challenge the search and seizure, just as in all cases where the property has been allegedly taken from someone by police. A combined Mapp and Dunaway hearing is where the challenge to search and seizure takes place. The Mapp/Dunaway hearing is a trial in which the prosecution must present credible evidence to prove that the police officer acted legally. A defendant, on the other hand, has to demonstrate by a preponderance that officers illegally acted.

If a defense lawyer can show that the prosecution did not provide credible evidence that police acted legally or that a defense counsel can refute a prosecutor’s credible evidence showing that police acted illegally, the firearm may be suppressed. 

This legal idea is called the fruit of the poisonous tree. If a firearm was used as a basis for weapons charges, the case should be dropped. The case can be continued without additional charges if they do not pertain to the alleged possession. It is common for charges not to be filed if the judge finds the police officer not credible.

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Gun Crime Charges in New York City: Police Errors and False Assumptions

Some of the most shocking stories about injustice and overreach by New York’s police include cases involving firearm possession.

Many stories have been told of individuals calling 911 to report an emergency, only for the police to turn against them due to a technical or unintentional weapon infraction. In other cases,  a person may be stopped while driving around the town with a friend and not knowing that the friend had illegally concealed a firearm.

The Constitution of the United States protects the right to bear arms. Although the government can restrict this right by enacting regulations regarding gun ownership and possession, prosecutions must still meet a great deal of burden before they can charge you with committing a crime.

Lebeding Kofman LLP’s experienced criminal defense lawyer Russ Kofman and our team of skilled gun charges lawyers may be able to help you defend your rights and protect your freedom. Call us at 646-663-4430 to schedule a consultation.

Possible Defenses to Firearms Charges in NYC

Every person’s right to own and bear arms is protected by the Second Amendment to United States Constitution. However, New York has some of the strictest weapon laws in America, with laws that regulate the possession and sale of firearms.

Although a person can invoke their Second Amendment rights to protect his/her rights for weapon possession, it is not an accepted defense to any firearms and weapons charges. Having a skilled criminal defense lawyer may be able to help you explore every possible defense option for an accused offender. This includes questioning the accuracy or legality of the weapon description and challenging the legitimacy of the police search.

You can expect the jury and prosecutors to punish you if you are charged with a gun or weapon-related crime in New York. New York’s harsh penalties for weapon charges include long prison sentences and higher fines. This is why you need to seek out a reliable weapon or firearm charges lawyer in New York City. Lebedin Kofman  LLP has an experienced team of NYC weapons or firearms charges lawyers who may be able to assist. Call us today to schedule a consultation. 

Speaking to a Skilled Manhattan Gun Charge Attorney

Facing weapons crime charges can have a huge impact on a person’s life. If you or a loved one is facing gun crime charges, it is important to seek the help of an experienced Manhattan weapons charge lawyer. A skilled lawyer may be able to help you understand your rights and protect your freedom.

Lebedin Kofman LLP has a team of gun crime lawyers who may be able to help you with your gun crime case. Call us today at 646-663-4430 to schedule a consultation.

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