212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Spodek
Law in the Media

View All

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

White Plains WEAPONS CRIMES Lawyer

In New York City, one of the most serious offenses is criminal possession of a weapon as laid out in article 265 of the New York Penal Law. While there is some flexibility in the law when it comes to punishment, this crime is often regarded as a criminal offense and is penalized with mandatory minimums terms of incarceration.

Criminal possession of a knife or switchblade is punishable by a maximum of one year in jail. However, possessing a loaded firearm in a place other than your home or your business without having the proper licenses is a felony and will result in a minimum of 3 and a half years in prison. This is true even for a person who has no prior criminal record.

The situation becomes even more serious for individuals who have guns or other weapons at an airport in New York City, on a public street, or in a vehicle that has four additional passengers. There are strict liability standards and other laws concerning possession that can make it difficult for an individual possessing a gun in these circumstances to defend themselves in court.

Even if an individual argues that their pistol or rifle was in a secured case, that it was not loaded, and that it was concealed, prosecutors can still argue that since the ammunition was in the vicinity of the gun and capable of being put in the gun, you are guilty of possessing a loaded weapon. As a result, something that otherwise would have been a misdemeanor offense is now a felony.

What is surprising to many is that they could be charged with a weapon related crime, even if the object they were holding at the time of their arrest is not normally used as a weapon. For example, a frying pan is not normally used as a weapon. However, if at the time of the arrest or if during the circumstances leading up to the arrest officers have reason to believe that you used the object in a threatening manner, or if you actually used the pan to assault another individual, you could be facing weapons charges.

The deadlier the weapon, the more severe the charges may be. Possessing an assault weapon, a military style automatic or semi-automatic weapon, or other automatic weapons will almost always result in a felony charge. Additionally, in New York City, if an individual is found in possession of a pistol magazine that is capable of holding more than 10 rounds, they may face felony charges.

It is clear to see that New York has very serious and strict laws when it comes to illegal weapons possessions. An individual accused of this crime can find their life turned upside down in a matter of seconds. It is difficult, if not impossible, for an individual to defend themselves against this serious charges. For this reason, anyone who is being accused of criminal possession of a weapon in New York should immediately speak to our criminal defense lawyers.

How a Criminal Defense Attorney Can Defend against a Weapons Crime Charge

There are many tools that criminal defense attorneys can use to defend the client who has been accused of a weapons crime charge. First, they can question whether the search that turned up the weapon was conducted in a legal manner. Did the police officer have the warranties needed to conduct the search? Did they have a legal right to conduct a search?

Next, they can investigate the arresting officer’s story. Are there inconsistencies in the testimony the officer gave? Does the story add up with the facts?

Defense attorneys can examine the weapon. If it was a knife or a gun, was it operable? A defense attorney can provide the prosecution with extenuating circumstances and other mitigating factors that might get the case thrown out of court or at least assist you in making a deal with the prosecutor.

At the law offices of Spodek Law Group, we have more than 30 years of combined experience defending New York residents against weapons charges. Our attorneys include former assistant district attorneys. Our firm was founded by New York prosecutors and so we understand how to handle criminal cases from every single angle. We stick by our clients throughout the entire process and we guarantee them the strongest defense possible.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!