New York Firearm Crimes and Immigration Consequences
Even if there were no collateral consequences to a foreign national visiting the United States, an H1B or F1 visa holder or otherwise legal visitor or resident 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 you can potentially be deported or denied future admissibility if the offense is also deemed a Crime of Moral Turpitude. You didn’t know the law? Too bad. The State and Federal Government simply don’t care and it is no defense.New York Firearm Crimes
There are not many crimes is New York designated as those involving firearms, but there are other crimes that may involve the use of a firearm. Examples of this is a Robbery or other violent crime. Some of the firearm specific crimes in New York include:
- Misdemeanor Fourth Degree Criminal Possession of a Weapon: New York Penal Law 265.01
- Felony Third Degree Criminal Possession of a Weapon: New York Penal Law 265.02
- Felony Second Degree Criminal Possession of a Weapon: New York Penal Law 265.03
- Felony Third Degree Criminal Sale of a Firearm: New York Penal Law 265.11
- New York State Weapon Crimes: New York Penal Law Article 265
Is it guaranteed that if you are convicted of a crime not listed here that you won’t have any immigration consequences or that each subsection of the offenses above will result in a particular adverse impact ranging from inadmissibility to deportation? The short answer is generally no, but each case, each record and every charge must be examined to ascertain whether it falls into this category of immigration review or others such as an Aggravated Felony or Crime Involving Moral Turpitude. Because of the gravity of these offenses, avoiding a plea to these 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
- Controlled Substance Crimes and Your Immigration Status
- Crimes Against Children and Your Immigration Status
- Domestic Violence Crimes and Your Immigration Status
- Prostitution Crimes and Your Immigration Status
The New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC 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 nation. Fight. Stand strong. Examine potential defenses. Look for legal and evidentiary issues. Mitigate.
Contact the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC. A strong defense begins with experience, knowledge and advocacy.
Call the New York criminal lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.