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Successful Resolution of a Complicated Criminal Possession of a Weapon Case

Last updated on: May 7, 2024

By Lebedin Kofman LLP

Handling cases related to weapon possession in criminal law requires careful strategy and deep legal knowledge. Successful resolution of such cases depends on thoroughly understanding the relevant laws, skillful negotiation, and effective courtroom strategies. Key tasks include detailed analysis of evidence and constructing strong arguments. This complex process highlights the challenges of dealing with weapon possession charges and emphasizes the importance of skilled legal representation for successful case resolution.

At Lebedin Kofman LLP, our team of New York criminal defense lawyers takes pride in helping our clients navigate their legal challenges with ease. Recently, we successfully resolved a complicated case related to criminal possession of a weapon in the second degree. The client, a jeweler from Baltimore, came to New York City with a gun that was legal to own in his state where he had a permit, but illegal to carry in the city.

Weapon Possession Charges in New York City

The possession of a weapon charge is a serious offense in New York City, attracting strict legal punishments. The offense is classified as a violent felony offense, with a second-degree charge being the most severe for one gun. This charge is reserved for instances where an individual possesses a weapon with the intent to use it unlawfully against another person. The punishment if convicted for this offense must be incarceration for a period of 3.5 to 15 years and post-release supervision for a term of up to five years. A conviction for a violent felony would also make an individual a violent felony offender, which would significantly increase an individual’s sentence, should they be rearrested on a future felony offense. 

What is Criminal Possession of a Weapon in the Second Degree?

A second-degree criminal weapon possession, as defined under New York Penal Law 265.03, is a serious and aggressively prosecuted offense. This charge is applicable if a person is found knowingly possessing a functional, loaded firearm outside their home or place of business without the required permit or license. It is not necessary for the gun to be fired or to contain bullets at the moment of possession; it is enough if the firearm is functional and the ammunition is accessible, such as being in the same container or the person’s pocket. Additionally, possessing five or more firearms can lead to this charge, regardless of their purpose.

A conviction for this Class C violent felony can lead to severe penalties, including a mandatory minimum sentence of three and a half years in prison, with a maximum of up to fifteen years, even for those with no prior criminal history. For those with a previous felony conviction, the minimum incarceration period increases to five or seven years, depending on the criminal record.

Given the gravity of this charge, it is essential for those accused to seek experienced legal representation. At Lebedin Kofman LLP, our skilled New York criminal defense lawyers understand the gravity of this charge and are committed to exploring all viable defenses to protect your future, career, and freedom. Contact us today to schedule a consultation.

Second Degree Criminal Possession of a Weapon Case

In the case of the jeweler from Baltimore, he was arrested and charged with criminal possession of a weapon in the second degree, as well as related charges in New York County. With the seriousness of the offense and the complicated nature of resolving such cases in New York County, the client needed experienced legal representation. Any attorney who is experienced in practicing criminal defense in the five boroughs will tell you that the prosecutors in New York County are the toughest to deal with and the sentences, if convicted, are usually the longest.

At Lebedin Kofman LLP, our experienced and dedicated New York criminal defense lawyers understand the complexities involved in resolving Criminal Possession of a Weapon cases ranging from gun possession to gun sales to undercover agents, as well as charges for bringing and selling guns across state lines. Our team was able to get all felony charges, as well as misdemeanor charges, dismissed for the client in a period of two months! We resolved the case with a disorderly conduct charge which seals by operation of law in 12 months. Meaning that after 12 months this client will have nothing at all on his rap sheet.

We are proud to have been able to help our client avoid severe legal repercussions and, at the same time, optimize his engagement with the legal system. Our strategy involved understanding the intricacies of his case, identifying helpful legal defenses, and ensuring that his rights were protected throughout the legal process.

We commonly see people who have concealed carry permits for firearms that are legally purchased in different states get arrested in New York City, because of a common misconception that they can carry their firearms here with their permits. This is very common as well with people flying into and out of LaGuardia airport and JFK. We have consistently and successfully represented individuals in these situations with excellent results, including no Jail Time and no criminal record.

Criminal possession of a weapon case in New York County can be quite challenging to resolve, but with experienced and dedicated legal representation such as ours at Lebedin Kofman LLP, clients can be sure of a positive outcome. If you need legal representation for similar issues, don’t hesitate to reach out to us. Contact us today at (646) 663-4430, our legal team is always ready to help.

Degree of Possession Definition Penalties
Fourth Degree Possessing any weapon, including firearms, with a criminal record or other disqualifying factor Class A misdemeanor, up to 1 year in jail
Third Degree Possessing certain types of weapons, such as assault weapons or large capacity ammunition feeding devices Class D felony, up to 7 years in prison
Second Degree Possessing a loaded firearm outside one’s home or business, or possessing certain other weapons with criminal intent Class C felony, up to 15 years in prison
First Degree Possessing any explosive substance with the intent to use it against another person, or possessing 10 or more firearms Class B felony, up to 25 years in prison

Criminal Defense

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