New York Criminal Defense
Lebedin Kofman LLP defends clients accused of criminal sale of a firearm in New York, including first-degree, second-degree, third-degree, minor-related, and ghost-gun sale allegations.
Defense for criminal sale of a firearm Charges
Firearm-sale cases may involve undercover operations, recorded communications, confidential informants, possession-with-intent-to-sell allegations, sale-count thresholds, minor-related allegations, and related federal exposure.
The New York Courts Article 265 table lists criminal sale of a firearm in the third, second, and first degrees, criminal sale of a firearm to a minor, criminal sale of ghost guns, and sale of frames or receivers.
What Prosecutors May Focus On
Prosecutors may rely on undercover buys, informants, recordings, marked money, surveillance, forensic testing, operability proof, messages, and statements by alleged buyers or sellers.
- 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 should examine identity, intent, actual sale versus mere talk, informant reliability, entrapment issues, firearm operability, statutory thresholds, search and seizure issues, and whether the degree charged is supported.
- 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 criminal sale of a firearm, 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.