You are licensed to carry a firearm, handgun or pistol in another state and you did not know the rules and regulations of New York State. You have never used it before, but you carry a handgun because you are concerned for your own safety or you are in a car with three friends and the firearm was under one of the seats. Regardless of the reason, you now find yourself facing charges relating to Criminal Possession of a Weapon.

New York enacted very strict and severe punishment for persons carrying unlicensed or unregistered firearms outside their home or place of business. In fact, the law recently changed requiring a minimum of three and one half years state prison for a conviction for merely carrying or possessing an unlicensed loaded firearm in New York even if you have never been arrested before. Make no mistake, Criminal Possession of a Weapon is a serious matter. Although a lesser charge, law enforcement can even arrest you and prosecute you for Criminal Possession of a Weapon for carrying certain types of knives and other objects that are "per se" weapons without you having any intent to use them in a dangerous manner.

Not only does the mere possession of a firearm carry such severe and life altering consequences, but the law allows for certain presumptions about your knowledge and possession. Furthermore, you may be accused of "constructive possession" where law enforcement alleges that although you did not physically possess the weapon you had control over it. Even if there were no bullets or ammunition inside the firearm, the police and District Attorney's Office may contend it was loaded because there were bullets in your pocket or the gun's carrying case. Regardless of the scenario, you must retain experienced counsel to challenge the prosecution, find holes in the officer's stories, ascertain whether the gun was "operable" and answer any question you might have. We have the experience you need to get you where you want, and need, to be.

Call us at (212) 312-7129 or contact us online today.