New York Possession of a Weapon Lawyer
If you've been charged with possessing an illegal weapon in New York, you need a good lawyer, plain and simple. Weapon possession charges are serious business with steep penalties if convicted. Let's break it down:New York Weapon Possession Laws
There are a bunch of laws about possessing weapons in New York. Some key ones:- It's illegal to possess guns, knives, brass knuckles, and other weapons without a permit[1].
- Having a loaded gun outside your home without a permit is a felony[2].
- Possessing large capacity ammunition magazines is banned[3].
- Switchblades, gravity knives, and stun guns are prohibited[4].
- There are enhanced penalties for possessing weapons at schools or on school grounds[5].
Penalties for Weapon Possession
If you're convicted of possessing an illegal weapon in New York, you'll face:- Jail time - weapons felonies can mean years behind bars[6].
- Fines - up to thousands of dollars.
- A criminal record - which hurts jobs, housing, etc.
- Other collateral consequences - like immigration issues or professional license problems.
Fighting Weapon Possession Charges
So what can you do to beat a weapon possession charge? Here are some strategies a good lawyer might use:- File a motion to suppress evidence if there was an illegal search or seizure.
- Challenge whether you actually "possessed" the weapon.
- Argue you had a valid license or the weapon was antique, ornamental, etc.
- Negotiate a plea deal to lesser charges like disorderly conduct if possible.
- Take the case to trial and put the DA to their burden of proof.
Why You Need a Lawyer
Trying to defend against weapon possession charges solo is a bad idea. Here's why having a lawyer is critical:- They know how to challenge evidence and statements made to police.
- They can negotiate better plea deals with the DA than you can.
- They understand complex gun laws and defense strategies.
- You avoid mistakes - self-defense can backfire without an expert.
- Lawyers get better results - up to 60% reduction in fines/sentences.
Finding the Right Lawyer
Not just any lawyer will do. For the best chance of beating a weapon possession charge, find one who:- Focuses specifically on gun and weapon crimes.
- Has experience defending weapon cases in your area.
- Is aggressive - willing to take cases to trial if needed.
- Has a track record of good results for clients.
- You feel comfortable and can trust.
The Bottom Line
15,000+
Federal Cases Filed Annually
90%
Plea Before Trial
References
[1] NY Penal Law Section 265.01
[2] NY Penal Law Section 265.03
[3] Large Capacity Ammunition Ban
[6] Weapon Possession Sentencing Guidelines
Challenging Constructive Possession
Trial Defenses for Weapons Charges
Defense Team Spotlight
Todd Spodek
Lead Attorney & Founder
Featured on Netflix’s “Inventing Anna,” Todd brings decades of experience defending clients in complex criminal cases.
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Benefits of Legal Representation
Finding a NY Criminal Defense Lawyer
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Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
