Firearm Crimes and Immigration Consequences

Even if there were no collateral consequences to a foreign national visiting the United States for the possession or sale of a weapon, the immediate criminal consequences for Criminal Possession of a Weapon or Criminal Sale of a Firearm are devastating. Loaded? Possessed outside your home or place of business? No permit? If the answers to these questions is “yes,” then you are facing a minimum of three and one half years and as much as fifteen years in prison. Then when you’re done serving that sentence, even an H1B or F1 visa holder or otherwise legal visitor or resident can potentially be deported or denied future admission to the United States if the offense is also deemed a crime of moral turpitude or an otherwise deportable offense. You didn’t know that you were breaking the law, or that you couldn’t travel to New York with you gun that you owned and purchased legally in Texas? Too bad. The State and Federal Government simply don’t care, and ignorance of the law is no defense in any event.

There are not many crimes is New York that are designated on their face as firearms related crimes. These are generally limited to Criminal Possession of a Firearm and Criminal Possession of a Weapon in the First, Second, Third of Fourth Degree. There are, however, many other varied crimes that may involve the use of a firearm as a factor or element in a particular version of theory of that offense. Obvious examples of this are a Robbery or Burglary, but there are many other types of offense in New York that can and do often involve firearms and guns but that are not so commonly known or understood such as Menacing, Aggravated Harassment, and crimes of domestic violentce. Some of the firearm specific crimes in New York include:

• Criminal Possession of a Weapon in the Fourth Degree: New York Penal Law 265.01
• Weapon Crimes: Penal Law Article 265

There is absolutely no guarantee that if you are convicted of a crime not listed here that you won’t have any immigration consequences. Far from it – there are many crimes and types of crimes with severe immigration consequences, even charges that are not criminal at all can have these kinds of negative immigration impacts. These impacts can range from immediate deportation, to detention at an immigration jail pending trial or disposition of the case, or future inadmissibility. In each and every criminal case, the charges, the person’s record, the sentence, and even each and every element of every charge must be examined carefully to ascertain whether it falls into a category of case or sentence that ICE and immigration authorities will consider as an Aggravated Felony or crime of moral turpitude or other deportable offense. Because of the gravity of these offenses and the very real and significant collateral immigration consequences associated with those offenses, avoiding a plea to these particular crimes should be a central part of both your criminal defense and immigration protection.

• Crimes Involving Moral Turpitude (CIMT) and Your Immigration Status
• Aggravated Felonies and Your Immigration Status

The criminal defense attorneys and former Manhattan prosecutors at Saland Law know all too well how serious and devastating weapon crimes can be to an accused even where that person has all the proper licenses and permits for a revolver, pistol or similar firearm in another state, but not New York. Incarceration may be the least of your worries as a foreign national. Fight. Stand strong. Examine potential defenses. Look for legal and evidentiary issues and mitigation. A strong defense begins with experience, knowledge and advocacy.

Call the criminal defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.