New York
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New York Gun Crime and Weapon Possession Attorney
Gun Charges in NYC Explained
In New York, the possession, sale, and use of firearms are heavily regulated. Violations can result in serious criminal charges. Gun charges in New York City carry different penalties, depending on the severity of the offense.
Illegal possession of a firearm, for example, can result in a Class E felony charge. If convicted, you may serve a sentence of up to four years in prison. Criminal use of a firearm can result in a Class B felony charge. This can carry a sentence of up to 25 years in prison.
Additionally, New York City has specific laws that restrict the possession of certain types of firearms. These regulations place a particular emphasis on assault weapons and large-capacity ammunition magazines. Violations of these laws can result in additional charges and penalties.
Common Weapon-Related Charges in NYC
In New York City, some common weapon-related charges include:
- Criminal Possession of a Weapon: A person has a weapon that is not legally registered or licensed. An individual can also be charged if they are not authorized to possess the weapon. Additionally, this charge can be applied if the individual is carrying a weapon in an unauthorized location, such as a school or public park.
- Possession of an Illegal Weapon: An individual possesses a weapon that is illegal in New York, such as an assault weapon or a sawed-off shotgun.
- Unlawful Discharge of a Firearm: A person discharges a firearm in an unsafe or unauthorized manner. Examples include firing a gun in a public area or shooting a gun from a moving vehicle.
- Possession of a Firearm by a Felon: Anyone who has been convicted of a felony is not allowed to be in possession of a firearm.
- Possession of a Weapon During a Crime: This charge applies when an individual is found to be in possession of a weapon while committing another crime, such as robbery or assault.
If you are facing weapon-related charges in New York City, it is advisable to seek legal help from an experienced criminal defense attorney.
What to Do If You Have Been Arrested for a Weapons Offense in NYC
If you have been arrested for a weapons offense in New York City, it is important to take immediate action. You must act quickly to protect your rights and defend yourself against the charges you face. The following are some steps you can take if you have been arrested for a weapons offense in NYC:
- Remain Silent: You have the right to remain silent and should exercise this right immediately. Do not speak to the police or provide any statements until you have spoken with an attorney.
- Contact an Attorney: The first thing you should do after being arrested for a weapons offense is to contact an experienced criminal defense attorney. Make sure to find one who is familiar with New York City's gun laws. Your attorney can advise you of your rights and help you understand the charges you face.
- Attend All Court Appearances: It is important to attend all court appearances related to your case. Failure to appear can result in additional charges and penalties.
- Do Not Discuss Your Case: Do not discuss your case with anyone other than your attorney. Statements made to friends, family members, or anyone else can be used against you in court.
- Cooperate With Your Attorney: Work closely with your attorney to develop a strong defense strategy. Provide your attorney with any information or evidence that may be helpful to your case.
- Avoid Additional Offenses: Avoid any actions that could result in additional criminal charges, such as possession of a weapon or drug use.
How a New York Gun Crime Criminal Defense Lawyer Can Help
If you are facing gun charges, or have been detained for a weapons offense in New York City, a New York gun crime attorney can assist you in several different ways, including:
- Explaining Your Legal Rights: A gun crime attorney can clarify your legal rights, helping you comprehend the charges you are up against. They can help you make informed decisions about your case. Your attorney can also provide you with guidance on what to anticipate throughout the criminal justice process.
- Creating a Powerful Defense: An experienced defense plan can help you avoid or lessen the repercussions of the allegations you are facing. This is something a gun crime attorney can assist you with. This could entail disputing the veracity of certain pieces of evidence, appealing for their suppression, or negotiating a plea agreement with the prosecution.
- Defending Your Interests: It is a good idea to have a backup plan in case something goes wrong. Your attorney can take steps to lessen the severity of the charges or negotiate a plea agreement. They can also investigate alternative sentencing options to lessen the potential repercussions of a conviction.
- Advocating for You in Court: You can be represented in court by a gun crime attorney. They can argue your case in front of the judge or jury. To conclude your case outside of court, they can also bargain with the prosecution.
Gun Crimes Defense Lawyer FAQs
Q: How old do you have to be to own a gun in New York?
A: In New York, the minimum age to own a long gun (a rifle or shotgun) is 16 years old. However, individuals under the age of 18 are required to have written consent from a parent or guardian to purchase or possess a long gun. For handguns, the minimum age to own or possess a handgun is 21 years old in New York. Individuals under the age of 21 are not permitted to purchase or possess a handgun, even with written consent from a parent or guardian.Q: How long does it take to get a gun license in New York?
A: In general, the process of obtaining a gun license in New York can take anywhere from several months to over a year. The application process typically includes:- A thorough background check
- Fingerprinting
- An interview with a licensing officer
Q: How many bullets can you carry in New York State?
A: In New York State, it is illegal to possess a large-capacity ammunition magazine. This is defined as any ammunition feeding device that can hold more than 10 rounds. Possession of a large-capacity ammunition magazine is a serious offense in New York State. In general, individuals are not allowed to carry more than 10 rounds of ammunition in any firearm magazine or feeding device.Q: Does New York have the strictest gun laws?
A: Yes, New York State and particularly New York City have some of the strictest gun laws in the United States. The state has enacted several gun control measures that regulate the possession, sale, and use of firearms, including:- Assault weapons bans
- Background checks for all gun purchases
- Restrictions on magazine capacity
Get the NYC Legal Assistance You Need to Protect Yourself
If you are facing gun charges, or have been arrested for a weapons offense in New York City, it is important to seek legal help as soon as possible. The New York gun crime lawyers at the Law Offices of Robert Tsigler, PLLC, can provide valuable legal assistance and support. We can help you understand your rights, build a strong defense, and protect your interests throughout the legal process. Contact us right away to set up a consultation and find out how we can assist you with your case.
Call today to schedule a consultation to discuss the options for defending your gun crimes charge. Reach our team at 718-878-3781.
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Getting representation as soon as possible following any Gun Crimes-related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced New York Gun Crimes lawyer can successfully defend your case.
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