How To Beat a Gun Charge in New York

If you are facing a gun charge in New York, the consequences can be severe, including lengthy prison sentences, hefty fines, and a permanent criminal record. At Konta, Georges & Buza, P.C., we understand how overwhelming and stressful it can be to navigate the complexities of firearms laws. Our experienced team of criminal defense attorneys is committed to protecting your rights and helping you build a strong defense. In this blog, we’ll explore potential strategies for beating a gun charge in New York, focusing on the legal options and defenses that could help reduce or dismiss the charges against you.

Gun Laws in New York

New York has some of the strictest gun laws in the country, designed to regulate the possession, use, and distribution of firearms. Understanding these laws is crucial if you are facing a gun charge, as violations can result in serious criminal consequences.

Key Aspects of New York Gun Laws:

• License Requirements: In New York, you cannot legally possess a handgun without a proper license. This applies to both residents and non-residents. New York City, in particular, has even stricter regulations, often requiring additional permits for gun ownership.
• Unlawful Possession: It is illegal to possess a firearm without a license or permit, and possession of an unregistered weapon is a criminal offense. Even carrying a gun without a valid license can result in felony charges.
• Assault Weapons: New York’s laws also prohibit the possession of certain types of semi-automatic firearms, commonly referred to as “assault weapons.” These weapons are often associated with high rates of violence and are heavily restricted.
• Mandatory Minimum Sentences: Certain gun-related crimes in New York carry mandatory minimum sentences, including for possession of a firearm during the commission of another felony, such as robbery or assault.
• Transporting Guns: The laws governing the transportation of firearms are also strict. Guns must be transported unloaded, in a locked container, and in the trunk of the vehicle. Any deviation from these regulations can result in charges.
• Gun Use in Crimes: The use of a firearm during the commission of a crime—such as in a robbery or assault—can lead to enhanced charges and penalties, including longer prison sentences and fines.

Due to the complexity and severity of New York’s gun laws, it is crucial to seek legal representation if you are charged with any firearms-related offense. A knowledgeable criminal defense attorney can help you navigate these laws, ensure your rights are protected, and explore potential defenses for your case.

Common Gun Charges and Their Penalties

In New York, gun charges can vary depending on the nature of the offense, the type of weapon involved, and whether the firearm was used in the commission of a crime. Here are some of the most common gun charges and their potential penalties:

1. Criminal Possession of a Weapon (CPL 265.01)

• Charge Description: This charge involves the unlawful possession of a firearm without a license. It is a broad category that can apply to any unlicensed firearm possession, including handguns, rifles, and shotguns.

Penalties:

• Class A Misdemeanor: If the firearm is a rifle or shotgun and the defendant has no prior felony convictions.
• Class D Felony: If the weapon is a handgun, or if the individual has prior felony convictions.

2. Criminal Possession of a Firearm (CPL 265.01-B)

• Charge Description: This charge applies specifically to the possession of a firearm (typically a handgun) without a valid license. Even if the firearm is not used in the commission of a crime, it is illegal to carry a gun without proper registration or licensing in New York.

Penalties:

• Class E Felony: The individual faces up to 4 years in prison, though sentencing can vary based on prior convictions and other factors.

3. Criminal Possession of a Weapon on School Grounds (CPL 265.01-A)

• Charge Description: It is illegal to possess a firearm or any other deadly weapon on school grounds, including public or private schools, colleges, or daycare centers.

Penalties:

• Class E Felony: This penalty is more severe if the weapon is used in a crime.

4. Criminal Use of a Firearm (CPL 265.09)

• Charge Description: This charge applies when a firearm is used during the commission of a felony. It is often charged in connection with crimes such as robbery, assault, or drug trafficking.

Penalties:

• Class B Felony: Conviction can result in 5 to 25 years in prison, depending on the specific circumstances and whether the firearm was discharged.

5. Criminal Sale of a Firearm (CPL 265.11)

• Charge Description: Selling or transferring a firearm without the proper authorization, or selling firearms to individuals who are prohibited from possessing them (such as felons), is a criminal offense.

Penalties:

• Class B, C, or D Felony: Conviction can carry up to 15 years in prison.

Sentencing Enhancements:

• Use of a Firearm During the Commission of a Felony: If a firearm is used during the commission of a felony, sentencing can be significantly enhanced under New York’s “Use of a Firearm in the Commission of a Crime” statute.
• Aggravated Charges for Prior Convictions: Repeat offenders face enhanced penalties, with prior felonies leading to mandatory minimum sentences and potential for longer prison terms.

Given the severity of penalties for gun-related offenses in New York, it is essential to seek experienced legal representation if you are facing any firearm charge. A skilled criminal defense attorney can assess the specifics of your case and explore all potential avenues for defending against or reducing the charges.

How to Beat a Gun Charge in New York

Facing a gun charge in New York can be a life-altering experience, but there are several legal strategies that may help you fight the charges or reduce the penalties. At Konta, Georges & Buza, P.C., we understand the complexities of New York’s firearm laws and are committed to providing you with the strongest possible defense. Here are some common strategies we use to challenge gun charges:

1. Lack of Probable Cause for Search and Seizure

One of the most common defenses to a gun charge is that the firearm was discovered during an unlawful search or seizure. Under the Fourth Amendment, law enforcement officers must have probable cause or a valid warrant to search your property or vehicle. If the police did not follow proper procedures when seizing the gun, evidence obtained in that manner could be deemed inadmissible in court.

2. Unlawful Possession Defense

In some cases, you may be able to argue that you did not knowingly possess the firearm. If the gun was found in a location where you had no control over it, such as a car you were borrowing or a place where you were unaware it was hidden, this can be a valid defense. Our attorneys will investigate the circumstances surrounding your arrest and work to show that you did not have knowledge of or control over the weapon.

3. Self-Defense

If you were found in possession of a firearm because you were acting in self-defense, this could potentially reduce or dismiss the charges. In some situations, if you were threatened with serious harm or believed your life was in danger, having the firearm for protection might be justifiable. We will thoroughly investigate the facts of your case to determine if self-defense is a valid argument in your situation.

4. Challenge the Firearm’s Identification

Another potential defense is challenging whether the weapon in question is, in fact, a firearm under New York law. New York law specifically defines what constitutes a firearm, and if the prosecution cannot prove that the weapon was a firearm or that it was operable, the charges may be dropped or reduced. Our experienced legal team can assess whether the weapon meets the legal criteria for a gun charge.

5. Lack of Intent to Use the Firearm Unlawfully

If you are charged with possessing a firearm with intent to use it unlawfully, we can challenge the prosecution’s claim by showing that you did not have the intent to commit a crime. This may involve demonstrating that you were carrying the weapon for lawful purposes, such as recreational use or personal protection.

6. Challenging the Evidence

In some cases, the prosecution may not have enough evidence to prove the gun charge beyond a reasonable doubt. This could include situations where the firearm was not properly handled or where there is conflicting evidence about your involvement in the crime. At Konta, Georges & Buza, P.C., we leave no stone unturned when examining the evidence in your case, looking for ways to challenge the prosecution’s claims.

7. Negotiating a Plea Deal

If a complete dismissal of charges is not possible, negotiating a plea deal might be the next best option. In certain circumstances, we can work to reduce the charges or penalties you are facing. For example, you may be able to plead to a lesser offense or avoid mandatory minimum sentences. Our attorneys have extensive experience negotiating with prosecutors and can help you secure the most favorable outcome.

8. Pretrial Motions

Filing pretrial motions can sometimes result in a reduction or dismissal of the charges. For example, we may file a motion to suppress evidence obtained through an illegal search or motion to dismiss if there is insufficient evidence. These motions are often a crucial step in challenging the prosecution’s case before it even goes to trial.

Successfully beating a gun charge in New York requires a detailed understanding of both the law and the facts of your case. The attorneys at Konta, Georges & Buza, P.C. are skilled in defending clients against firearm-related offenses and are committed to exploring every avenue to protect your rights and freedom. If you’ve been charged with a gun-related crime, contact us today to discuss your case and begin building your defense.

What To Do if Charged with a Gun Crime

Being charged with a gun crime in New York is a serious matter that can lead to severe penalties, including long prison sentences, hefty fines, and a permanent criminal record. If you find yourself facing such charges, it’s essential to take immediate and strategic action to protect your rights and your future. Here’s what you should do if charged with a gun crime:

1. Remain Silent and Exercise Your Right to an Attorney

One of the most important steps to take immediately after being arrested is to remain silent. While it might be tempting to explain your side of the story, anything you say to the police can be used against you in court. Invoke your right to an attorney as soon as possible. At Konta, Georges & Buza, P.C., we can provide the legal guidance and representation you need throughout the process.

2. Contact an Experienced Criminal Defense Attorney

Gun charges are complex, and New York’s firearm laws are particularly strict. Hiring an experienced criminal defense attorney is crucial to ensure that your case is handled properly from the outset. An attorney with expertise in gun crimes will be able to assess the details of your case, investigate the evidence, and build a defense strategy tailored to your situation. At Konta, Georges & Buza, P.C., we have years of experience defending clients against firearm charges in New York.

3. Avoid Speaking About the Case to Others

While it’s important to have a support system, avoid discussing the specifics of your case with anyone other than your attorney. Conversations with friends, family, or others can be used against you, especially if they are recorded or overheard. Protect your case by keeping details confidential.

4. Understand the Specific Charge Against You

It’s essential to fully understand the charge you are facing. In New York, there are a variety of gun-related offenses, ranging from possession of an unlicensed firearm to using a firearm in the commission of a crime. Your attorney will help explain the charge in detail and the potential consequences you could face if convicted. At Konta, Georges & Buza, P.C., we will walk you through each aspect of your charge, ensuring that you know what you’re up against.

5. Do Not Attempt to Flee or Resist Arrest

If you’re arrested for a gun crime, do not attempt to flee or resist law enforcement. Doing so can result in additional charges, making your situation much worse. Cooperate with the police in a respectful manner, but remember that you have the right to remain silent. Anything beyond that should be left to your attorney to handle.

6. Gather Information and Evidence

While your lawyer will conduct an investigation into your case, it’s helpful to gather any information that may be relevant to your defense. This could include things like:

• Witnesses who may support your version of events.
• Video footage from security cameras or your phone that may show important details.
• Documents or receipts that could prove lawful possession or intent. The more information you can provide to your attorney, the better your chances of building a strong defense.

7. Explore Potential Defenses with Your Lawyer

Your attorney will examine all aspects of the case, including the circumstances surrounding your arrest, the evidence against you, and the specific charges.

8. Consider a Plea Bargain

In some cases, your attorney may advise negotiating a plea bargain with the prosecution. A plea deal could result in reduced charges, lighter penalties, or a lesser sentence. However, it’s important to carefully consider all the implications before accepting a plea deal. Your lawyer will discuss whether this is a viable option and work to ensure the best possible outcome for you.

9. Prepare for the Legal Process

Once you are charged, you will go through several steps in the legal process, including:

1. Arraignment: The court will formally charge you, and you will enter a plea.
2. Pretrial motions and hearings: Your attorney may file motions to suppress evidence or have the case dismissed.
3. Trial: If your case goes to trial, your attorney will present evidence and make arguments to defend you.

At Konta, Georges & Buza, P.C., we will be with you every step of the way, ensuring that you are fully informed and well-prepared for each phase of the process.

10. Follow All Legal Requirements and Court Orders

It’s crucial to comply with all court orders, including attending all hearings, complying with bail conditions, and refraining from any activities that could harm your case (such as getting arrested for another crime). Failing to follow court instructions can worsen your situation and make it harder to get a favorable outcome.

Contact Us Today for a Strong Defense

If you’ve been charged with a gun crime in New York, don’t wait to seek legal help. The sooner you contact an experienced criminal defense attorney, the better your chances of protecting your rights and securing the best possible outcome. At Konta, Georges & Buza, P.C., we are committed to providing aggressive and effective representation for individuals facing firearm charges. Our experienced legal team will thoroughly review your case, explore all available defenses, and fight to achieve the best possible result. Call us today to schedule a consultation and take the first step toward defending your future.