Basics of NYC Gun Charges
In the wake of the recent gun violence in the city, there is a renewed push to crack down on people who possess firearms. The DA offices are aggressively prosecuting these charges and the penalties are quite harsh, so anyone who faces a gun charge should make it their top priority to retain skilled legal counsel and a gun charge lawyer as soon as possible. The information outlined in this 2023 guide to the Basics of NYC Gun Charges can empower individuals who are facing these offenses with the knowledge and confidence they need to secure a positive outcome.
In New York, the term possession has a few different meanings depending on how prosecutors wish to use it. If the weapon is in one’s hand or tucked between car seats, there is no doubt they are in possession of it. However, the law recognizes two types of possession – actual and constructive. Actual possession is when a person has predominant access to a weapon, while constructive possession is when the weapon is within close proximity of them. For instance, if you are driving someone else’s vehicle and they happen to have a gun in the trunk, that is considered constructive possession because it is close to the driver. This distinction is crucial in Manhattan gun charges, as it influences the severity of the penalties.
Another important consideration is whether the weapon was loaded or not. If the weapon was loaded, then it is a felony offense to have it, while if it was unloaded it is just a misdemeanor. The reason it is important to consider whether the weapon was loaded or not is because, if you are found to have the gun outside your home or place of business without a permit, and prosecutors determine that the gun was loaded and readily accessible, then you can be charged with a serious crime. In cases of Manhattan gun charges, the presence of a loaded weapon can significantly increase the legal repercussions.
Criminal possession of a firearm in the second degree is a class C violent felony, and it comes with a mandatory minimum sentence of three and a half years in prison. However, it is important to note that this is a minimum, and your case could be much more severe based on your prior record and the facts of your case. In addition, if you have any other convictions besides this charge in your past, the minimum prison time goes up to five years. Regardless of the severity of your case, you should immediately contact an experienced NY gun attorney for advice. When facing Manhattan gun charges, having a knowledgeable attorney can make a significant difference in the outcome of your case.
Given the complexities and the aggressive prosecution associated with Manhattan gun charges, understanding your rights and the specific nature of your possession can be critical. Make sure to consult with a lawyer who can provide guidance tailored to your situation. A seasoned lawyer specializing in Manhattan gun charges will be able to navigate the legal system more effectively on your behalf.
Gun offenses are some of the most serious crimes in New York State. Any sort of firearm conviction carries a substantial amount of time in jail and can have a number of lasting repercussions. It is important for those who are arrested to have an experienced NYC weapons charge lawyer and a gun charge lawyer who can fight for them and help them navigate the complex legal system.
In an attempt to curb the rising numbers of gun-related crime in the state, the district attorney’s office across all five boroughs have created special bureaus that are solely dedicated to handling cases involving weapons. These bureaus include seasoned and experienced prosecutors that are ready to take on these cases. The goal of the bureaus is to send a message that the government takes gun crime very seriously and prosecutes those who are caught, particularly in cases of Manhattan gun charges.
However, even with the creation of these bureaus, it is not uncommon for those who are stopped by police to find themselves facing serious charges for alleged weapon violations. The laws are quite nuanced and there are a variety of exceptions and defenses that can be used to defend against these charges. It is vital to know the difference between actual and constructive possession as well as a person’s intent to use a weapon, especially when it comes to Manhattan gun charges.
Actual possession means that a weapon, whether a firearm or another bladed object, is on your person or within your reach, such as in your pocket, in the glove box of your car, or in a drawer in your home. Constructive possession is a legal concept that defines when one has control over the location where a weapon is found. For instance, if you have a firearm in the trunk of your car or in your bed that is easily accessible with ammunition in close proximity, this could be considered constructive possession as the weapon is within easy reach and you are in control over it. These distinctions are crucial in cases involving Manhattan gun charges.
Also, New York does not recognize reciprocity with other states, so if you are carrying a gun in a state that has different laws, you can be prosecuted. This is especially common for those who travel to different states with guns that they own, legally, in another state. This issue often arises in Manhattan gun charges, where individuals may inadvertently violate New York's stringent gun laws.
In addition, anyone who is convicted of a weapon crime will lose their right to possess any type of gun in the state. A felony conviction can make it very difficult to get a job, go back to school, open a bank account, and more. This is why it is so critical for people to have an experienced NYC weapons and gun charge lawyer by their side who can fight for them and help them get the best possible result. The right lawyer can help you avoid the harsh penalties associated with these types of charges, particularly in cases of Manhattan gun charges.
Gun possession and other weapons charges are taken very seriously in New York City. In fact, the district attorney’s offices deal with them more harshly than other offenses because there is so much violence and killing in the city. This is why anyone who is charged with a weapons crime should immediately consult a seasoned New York criminal lawyer and a gun charge lawyer.
Currently, there is a real push to reduce the level of violence in New York City by cracking down on gun crimes and possession. Many people own guns in the city and the state for personal protection, to hunt, or as part of a collection. There are also laws governing the storage of firearms and ammunition. The law defines “possession” as having dominion and control of the weapon or ammunition. It also means being able to access the item when it is in your immediate vicinity. For example, a person can be convicted of fourth-degree weapon possession if they have dominion and control over a weapon found in their trunk or between car seats. In New York City, there are different degrees of gun possession, including the first-degree, second-degree, and third-degree, depending on the circumstances surrounding the possession.
Manhattan gun charges, for instance, are prosecuted more harshly than any other borough. A person charged with carrying an illegal weapon in Manhattan is likely to be convicted of the top count 61 percent of the time. Brooklyn, on the other hand, has a lower rate of top count convictions at 25 percent. This stark contrast shows how seriously Manhattan gun charges are taken compared to other boroughs.
A skilled New York attorney will explain that while the law is strict on gun possession, prosecutors will not necessarily accept ignorance of the law as a defense. The prosecution will look to see if the gun was checked properly before entering the country, where it was purchased, and where it is registered. This is especially critical in cases involving Manhattan gun charges, where the legal scrutiny is intense.
In many cases, a person who is arrested for possession of a gun will be charged with other crimes as well. For instance, if someone is arrested for robbing a business and police find a gun at the scene of the crime, they may be charged with possession of a weapon in the second degree and assault in the third degree. This compounded nature of charges is often seen in Manhattan gun charges.
For a person facing charges of the second, third, or even first degree for possession of a weapon in New York City, their future is on the line. This is why they should immediately contact a New York gun charge attorney to discuss their options for defending their case. A skilled criminal lawyer can help them fight the charges and potentially avoid a prison sentence. If they are convicted, they could face years of imprisonment. A lawyer who is skilled at defending weapons offenses can work hard to get them the best possible resolution to their case. This includes a reduction of charges, a plea bargain, or a diversion program. In addition, a qualified attorney can help them obtain a gun license after their case is resolved. Navigating the complexities of Manhattan gun charges requires skills and dedication, which an experienced attorney can provide.