Weapon Offenses Attorney Serving New York State
Understanding the Charges Against You
The state of New York enforces strict gun and weapon laws and slaps stiff penalties on those found in violation. In some cases, possession of a weapon is a secondary crime that exacerbates the punishment of the primary crime, e.g., possession of a firearm while committing a robbery. In other cases, merely having a prohibited weapon in your possession could mean indictment.
Because convictions can mean prison time and it will take a good amount of research and preparation to craft a good defense, consult a weapons offense defense lawyer in Rockland County immediately if you face charges. At The Law Office of Jonathan B. Ripps, we have been defending weapons offenses in New York State for over 20 years.
Types of Gun & Weapons Charges in New York
There are numerous types of weapons charges that can be filed in New York, including:
Possessing illegal weapons
Possession of a weapon by someone who’s not permitted to have them, such as a convicted felon, someone on probation or parole, or someone who’s been in a mental institution
Imitation gun, BB gun, airsoft gun, and paintball gun offenses
Having a legal gun without a permit or license
Juvenile possession of a weapon
Possession of a weapon during the commission of a crime or at a school
Possession of a firearm for an unlawful purpose
While the exact charge or charges you face might include any number of offenses, for the most part, all gun and weapons charges will be based on at least one of four factors:
Having a dangerous, illegal weapon
Having a weapon for an illegal purpose
Having a legal weapon without a proper permit
Having any type of weapon if you are specifically and explicitly prohibited
What Kind of Penalties Do Weapons Convictions Bring?
The penalties you face depend on the particular type of offense:
Criminal possession of a weapon in the first degree is a Class B Violent Felony (up to 25 years in prison)
Criminal possession of a weapon in the second degree is a Class C Violent Felony (up to 15 years in prison)
Criminal possession of a weapon in the third degree is a Class D Violent Felony (up to 7 years in prison)
Multiple or repeat offenses could mean stiffer penalties. To determine exactly what you’re up against, speak to an experienced criminal defense attorney who knows the laws in New York State.
Defending Against Gun and Weapons Charges
There are numerous types of defenses that a defense attorney might use in gun and weapon cases. Your attorney will look at the specifics surrounding your case and determine the best approach for your situation.
For instance, here are two possibilities:
Illegal search: If the police found the weapon in your car or home and didn’t have a search warrant, the evidence may be suppressible and might lead to dismissed charges.
First-time offender: If this is your first offense, you might qualify for one of New York’s first-time offender programs, which means you may be able to avoid jail time.
A Weapons Defense Attorney Can Build Your Case
There are many ways to approach gun and weapons charges. Jonathan B. Ripps, Rockland County weapons offense lawyer can discuss your case with you, explain what to expect in the legal process, and determine the best defenses to support your case.