Gun Crime Defense Lawyer in New York City

Understanding Firearm Offense Charges in NYC

The New York legislature has passed very restrictive laws relating to the possession of firearms in the state. If you have been found to have illegally possessed a firearm in New York, you may now be facing significant jail time. In order to discuss all of your options under the law and mount the best defense possible, speak to Goldberger & Dubin, P.C.

With more than 75 years of collective experience, we can capably handle your case! Call (646) 681-5997 for a free evaluation.

Consequences of Illegal Firearm Possession in New York

Those who would like to legally possess a handgun in the state of New York must obtain a handgun license. Those who are found to be unlawfully in possession of a handgun in New York may face any of a number of charges which fall under the category of criminal possession of a weapon.

The following are various categories of criminal possession of a weapon:

Fourth Degree Criminal Possession of a Weapon: If you have been found to simply possess a firearm, you may be charged with fourth degree criminal possession of a weapon. This offense carries a penalty of up to 1 year in jail.

• Third Degree Criminal Possession of a Weapon: If you have a prior criminal history and are found to have possessed a firearm, you may be charged with third degree criminal possession of a weapon. Also covers possession of an assault weapon. This offense carries a penalty of up to 7 years in prison.
• Second Degree Criminal Possession of a Weapon: If you are found to have illegally possessed a loaded handgun, or 5 or more firearms, you may be charged with second degree criminal possession of a weapon. This offense carries a penalty of up to 15 years in prison.
• First Degree Criminal Possession of a Weapon: If you are found to have illegally possessed 10 or more firearms, or any explosive with the intent to use it against someone else, you may be charged with first degree criminal possession of a weapon. This offense carries a penalty of up to 25 years in prison.

Protect Your Rights with a NYC Gun Crimes Attorney!

If you are facing a firearms charge, time is not on your side. The state will be working hard to build a case against you, and you need a legal team working harder for your defense. We have the experience needed to mount the best possible defense in your favor.

• Why Choose Goldberger & Dubin, P.C.?
• As former prosecutors, our New York firearm lawyers have an edge in the courtroom.
• By knowing how the prosecution will approach your case, we are better able to defend it.
• We think outside of the box when it comes to criminal defense and are able to defend your rights with innovative strategies based on years of experience and study.
• With our help, you can be sure that your rights are not being overlooked or abused in any way and that you have fair representation.
• We work to obtain the best possible outcome on your behalf and inform you on what to expect in every step of your case proceedings.

Don't let your rights be compromised. Battle your charges and secure your future with our dedicated New York criminal defense attorneys! Call (646) 681-5997 for a free case evaluation.

Commonly Asked Questions

Do I Need A License To Carry A Firearm In New York City?

Yes, you need a license from the New York City Police Department (NYPD) to legally possess a firearm in NYC. Possessing a firearm without the proper license is a serious crime that can lead to felony charges and significant prison time.

What Is The Difference Between A State And Federal Firearm Offense?

State firearm offenses are prosecuted under New York state law, while federal firearm offenses are prosecuted by the U.S. government for crimes that cross state lines or violate federal statutes. Our firm focuses on New York state law, but can provide guidance for federal cases.

What Are My Rights If I Am Stopped By The Police For A Firearm-Related Question?

You have the constitutional right to remain silent and the right to an attorney. Do not answer questions or consent to a search of your person, vehicle, or home without a warrant. It's crucial to calmly assert these rights early on to protect your case.

What Is A "Red Flag Law" And How Does It Affect Firearm Possession In NYC?

New York's "Red Flag Law" allows a court to issue a temporary Extreme Risk Protection Order (ERPO), permitting law enforcement to immediately seize your firearms if you are deemed a risk to yourself or others. Our firm can help you challenge an ERPO in court.

Can A Firearms Charge Be Dismissed Or Reduced?

Yes, a firearms charge can potentially be dismissed or reduced. This often depends on whether the evidence was collected legally. We may challenge the legality of a police search or a traffic stop; if the evidence was obtained illegally, it may be inadmissible in court, potentially leading to a dismissal of the charges.

What Are The Potential Defenses To A Criminal Possession Of A Weapon Charge?

Common defenses include challenging whether you had "actual or constructive possession" of the firearm, arguing that the search and seizure were illegal, or proving the firearm was inoperable. The specific defense strategy will depend on the unique facts of your case.

What Are The Penalties For A First-Time Firearm Offense In New York City?

Penalties for even a first-time offense can be severe. A conviction for Fourth Degree Criminal Possession of a Weapon can result in up to a year in jail, while more serious charges can lead to a prison sentence of up to seven years. The final outcome depends on the case specifics and the skill of your defense attorney.