Crimes involving weapons – knifes, pistols, firearms, machetes, hammers, and any other objects that can maim or kill– are aggressively prosecuted by District Attorneys in every single county of New York State. It is of no consequence if you are accused of Criminal Possession of a Weapon on a misdemeanor complaint, felony complaint or indictment in Manhattan, Queens, Westchester, Rockland, Dutchess, Queens, Bronx, Brooklyn, Orange, Putnam or any other county in New York State from NYC to the Hudson Valley and beyond. Any arrest or allegation involving New York Penal Law Article 265, aka, a CPW crime, exposes you from as little as one year in jail or mandatory minimums and maximums terms of incarceration in a New York State prison. Simply, the dread and prospect of serving a fraction of time allowed by law incarcerated “upstate” or in a county jail, such as Rikers Island in New York City, should motivate you to retain the best criminal counsel and defense attorney to challenge the accusations of and defend yourself against any degree of Criminal Possession of a Weapon not matter the degree nor type of offense.
- Criminal Possession of a Weapon in the Fourth Degree: NY PL 265.01
- Criminal Possession of a Weapon in the Third Degree: NY PL 265.02
- Criminal Possession of a Weapon in the Second Degree NY PL 265.03
- Criminal Possession of a Weapon in the First Degree: NY PL 265.04
- Criminal Possession of a Weapon at JFK and LaGuardia Airports
- Criminal Possession of a Firearm: NY PL 265.01-b(1)
- Ammunition Crimes and Offenses: NY PL 265.37 and NYC Admin. Code 10-131(i)
Although the statutes allow for varying degrees and punishment, the felony crimes of Criminal Possession of a Weapon are considered violent felony offenses pursuant to New York Penal Law 70.02. While possession of a switchblade knife, metal knuckles, or gravity knife in violation of Criminal Possession of a Weapon in the Fourth Degree, New York Penal Law 265.01, is "only" a misdemeanor, if you possess a loaded gun, pistol, revolver or other firearm outside your home or place of business without a permit (out of state permits are not sufficient), the only way you avoid the three and one half year minimum prison sentence on a conviction for Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, is that your criminal lawyer implements the best defense to mitigate your conduct or challenge legal or factual foundation of the District Attorney’s case. Otherwise, there is no alternative to multiple years incarceration and as much as a decade and a half in the custody of the New York State Department of Corrections.
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Whether you have a gun or other weapon at a NYC airport, in your waistband on the street or even in a vehicle with four other people, there are "strict liability" standards and legal presumptions and theories of constructive possession that may severely hamper your defense. Furthermore, while you may contend that your firearm was secured in a case and not loaded, if the bullets or ammunition are readily capable of being placed in the firearm, the law may permit prosecutors to charge you with possessing a loaded weapon thereby taking the offense from a misdemeanor or lesser felony to a felony crime. With a vast number of factors that will come into play from whether a weapon is considered “per se,” a “dangerous instrument” or “deadly weapon,” to the legality of a stop, search and recovery of the alleged weapon, the sooner you identify issues in your criminal case with counsel, the greater the likelihood that you will implement the strongest defense.
Regardless of the situation you find yourself in, your options are limited. Either accept responsibility and be saddled with a criminal record and possible incarceration, or retain an experienced New York criminal defense lawyers and a team of criminal defense attorneys to vigorously challenge the prosecution, ensure your search was legally conducted, find holes in your arresting officer’s stories, ascertain whether the gun or knife was "operable," or provide the prosecution with mitigating factors that will assist you in working out potential deal or securing the exoneration you deserve.
Whatever you circumstances, the New York firearm defense attorneys and former Manhattan prosecutors at Crotty Saland PC will work alongside of you to answer any question you might have and best get you where you want, and need, to be. With your life, career, immigration and family’s future in jeopardy, know that Crotty Saland PC has secured dismissals, violations and non-felony resolutions for clients in a wide variety of weapon crimes including loaded firearms, airport weapon charges, and misdemeanor appearance ticket offenses throughout the boroughs of New York City and the Hudson Valley. When there is no substitute for experience, knowledge and advocacy, you can count on the criminal defense team at Crotty Saland PC.
Call the NYC weapon crime attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.