Staten Island
Gun Crimes
Lawyer
Staten Island Gun Crimes Attorney
The state of New York enforces relatively strict laws pertaining to the possession and use of firearms. Breaking these laws incurs severe penalties, including heavy fines, jail time, and a loss of your right to legally purchase and own firearms under the US Constitution’s Second Amendment. For example, suppose you or a loved one has been charged with gun crimes on Staten Island. In that case, it’s possible to face these penalties as well as additional penalties depending on the nature of your offense and whether you used the weapon while committing another crime.
Defense Counsel for Staten Island Gun Crimes
The attorneys at the Law Office of Robert Tsigler, PLLC, have years of experience providing our clients with comprehensive and client-focused criminal defense representation. We understand what could be at stake for you in your gun offense case and will do everything in our power to minimize your penalty with an effective legal defense. If you face any gun-related criminal charge, a Staten Island gun crimes attorney can be the best asset to have on your side as you attempt to navigate this difficult situation.
Why Should I Hire a Staten Island Gun Crimes Attorney?
Every American citizen has two fundamental constitutional rights that come into play when arrested on any kind of criminal charge. First is the right to remain silent, guaranteed by the Fifth Amendment. When the police conduct an arrest, they will read the suspect their Miranda rights and inform the suspect that “they have the right to remain silent and anything they say can be used against them in a court of law.” It is vital to heed this warning, even if you have been wrongfully arrested and feel the need to plead your case to avoid arrest. Instead, stay quiet and comply with the arresting officers until you speak with an attorney.
The second constitutional right you must exercise after an arrest is your Sixth Amendment right to legal counsel. Every American has the right to defense representation in a criminal case, even if they cannot afford an attorney.
What Are Possible Penalties for Gun Crimes in Staten Island?
Like many other criminal offenses, New York state law assigns penalties for gun crimes using a degree scale. The type of weapon involved, whether it was loaded, and whether the suspect used it while committing another crime all come into play in determining the potential penalty the suspect could face if convicted.
The least severe gun crime a prosecutor could pursue is criminal possession of a firearm in the fourth degree, a Class A misdemeanor. This is close to the more general criminal possession of a firearm as a Class E nonviolent felony. The difference between these two possible charges typically comes down to whether the gun was loaded at the time of arrest, but if the suspect had an unloaded weapon and the ammunition for the weapon, the judge handling the case might deem the weapon as “loaded.”
As a Class A misdemeanor, criminal possession of a weapon in the fourth degree is punishable by up to one year in county jail. However, if the individual has a criminal record or other factors are in play, their charge may be bumped up to criminal possession of a firearm in the third degree, a Class D felony carrying a maximum sentence of seven years in prison.
In the event the suspect possessed a loaded firearm with intent to use it against another person, their charge escalates to criminal possession of a firearm in the second degree, a Class C felony with a minimum sentence of three and half years in prison and a maximum sentence of 15 years in prison. Finally, the most severe weapons possession charge that an individual could face is criminal possession of a firearm in the first degree, a Class B felony punishable by five to 25 years in prison.
How Do Weapons Alter Other Offenses?
FAQs Staten Island, NY Gun Law
It’s natural to have many questions about your legal options when you have been arrested for gun-related charges on Staten Island. The team at the Law Offices of Robert Tsigler, PLLC, strives to provide our prospective clients with helpful information that helps them make more informed decisions about their legal options following arrest. These questions are the most common we hear from prospective clients regarding gun crimes on Staten Island.
How Long Do You Go to Jail for Gun Possession?
Gun possession itself can easily lead to jail time or a prison sentence longer than one year. However, if a gun is used while committing another crime, the potential incarceration term the defendant faces can increase dramatically. In addition, the defendant’s criminal record will also come into play. Your Staten Island gun crimes attorney can help you determine the severity of the penalties you face for your current gun charges, taking prior convictions and other relevant factors into account so you understand what could be at stake.
Can a Felon Be Near a Gun in a Safe?
In New York, felons may not own firearms. Some felons may worry if being near a firearm is enough to qualify as a violation of probation or release from prison. However, if the felon does not have direct access to the firearm, it does not qualify as possession. For example, if a felon is visiting a friend and the friend has firearms locked in their safe, the felon cannot have them. As long as they do not have the combination or code to unlock the safe, the felon does not need to worry about any potential possession charges from simply being close to another person’s firearm.
What Crimes Prohibit Gun Ownership?
New York state law prohibits certain individuals from possessing firearms. Typically, this includes anyone convicted of a felony, but a conviction for certain misdemeanors can also apply. This extends to misdemeanor domestic violence and misdemeanor sex offenses. The judge handling sentencing will inform the defendant whether they still have the right to own firearms as a condition of their sentencing.
What Happens If Someone Uses Your Gun in a Crime?
When a gun is stolen from a lawful owner and used by the thief in another crime, it is rare for the lawful owner to face liability for the actions of the thief. If someone stole your weapon and used it to commit another crime, their intentional act would supersede any negligence you may have demonstrated in the storing of your firearm. However, if the gun is negligently discharged due to keeping it loaded, unlocked, and easily accessible for the third party to obtain and use, the lawful owner can face criminal charges for reckless endangerment or face civil liability for resulting damages.
Ultimately, many gun possession cases in Staten Island are nuanced, involve multiple criminal offenses, and can be very difficult to navigate successfully without experienced criminal defense representation on the defendant’s side. Therefore, a Staten Island gun crimes lawyer is an invaluable asset if you are unsure how to approach your gun crime case following arrest.
The attorneys at the Law Offices of Robert Tsigler, PLLC, understand the stress and uncertainty that often follow arrests for gun-related criminal charges in Staten Island. Our team has years of experience handling a wide range of criminal defense cases and can leverage this experience on your behalf. If you or a loved one has been arrested for illegal weapons possession, it’s vital to work quickly and start building your defense with the help of a Staten Island gun crimes attorney as soon as possible. Contact the Law Offices of Robert Tsigler, PLLC, today to schedule your consultation with our team and learn how our firm can empower your defense.
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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