New York Gun Possession Lawyer

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If you were arrested for a gun charge in New York, I’m here to help. I’m a criminal defense attorney and former prosecutor who has experience handling gun possession cases from both sides of the courtroom. 

If you’re reading this, you probably already know that gun charges are treated very seriously in New York. The punishments can be really harsh, including mandatory prison sentences even for first time offenders. 

Put simply, there is too much at stake to sit back and wait. The bottom line is that you need an aggressive criminal defense lawyer to fight these charges from day one. 

If you’re not sure what to do after an arrest for a gun charge in New York, don’t worry. That’s why I offer free consultations. 

You can call my office 24/7 at (914) 810-0510 to request a free consultation if you’ve been arrested for a crime involving a firearm in New York City, Westchester County, or Rockland County. 

When we hear that someone is charged with a gun crime, we often think of some hardened criminal who was out committing violence. However, the reality is often much different. 

Many of the people who face serious felony gun charges in New York are otherwise law-abiding people. Many of them have no prior criminal record. And quite frankly it is not at all uncommon for people charged with gun possession to have not even realized their possession was unlawful, especially those visiting from out of state. 

The types of people arrested for gun possession can include:

· Survivors of domestic violence who only had the gun for self protection

· People traveling from other states

· College students and young adults who might’ve been unfamiliar with the strict licensing requirements in New York

· Military veterans

Don’t make the mistake of thinking that because this is your first arrest and you’re otherwise a good law-abiding person that a felony gun charge isn’t serious. These charges can often carry mandatory prison time upon conviction even for first-time offenders. 

If you’ve been arrested for possessing a firearm in the Bronx, Westchester, or Rockland, you may feel scared and overwhelmed. It may feel like the whole system is against you. 

I understand what you are going through and would like to help. Give me a call right now for a free consultation if your facing a firearms offense in New York. 

The reality is that the sooner an attorney gets involved, the better the chances are of building a strong defense. In the meantime, it is also very important for you to know that you have certain rights, including:

· A right to remain silent, which means you don’t have to explain anything to the police. Anything you say can (and will) be used against you. 

· A right to a lawyer. You should always ask for a lawyer right away when you’re arrested. You have too much at stake to risk making a statement that can be used against you. 

Understanding your rights is half the battle, but the other half is hiring a dedicated criminal defense lawyer who knows how to protect them from day one. So don’t wait to speak with a lawyer. Every moment matters. 

New York criminalizes gun possession under a number of different laws. The most typical charges fall under the category of Criminal Possession of a Weapon and there are varying degrees of this offense. 

Some common felony charges include:

· Criminal Possession of a Weapon in the First Degree under Penal Law § 265.04 

· Criminal Possession of a Weapon in the Second Degree under Penal Law § 265.03.

· Criminal Possession of a Weapon in the Third Degree under Penal Law § 265.02.

· Criminal Possession of a Firearm Penal Law § 265.01-b.

These laws are really strict. For example, a very common charge that applies when someone possesses a loaded firearm without a proper license is Criminal Possession of a Weapon in the 2nd Degree (PL § 265.03). If you’re convicted of that offense, the minimum amount of prison time you can receive is 3.5 years and the maximum is 15 years. 

If you were arrested for possessing a loaded firearm in Manhattan, Yonkers, or elsewhere in New York, you need to build a strong defense from day one. Give me a call right now at (914) 810-0510 for a free case evaluation so that I can help you understand your legal options. 

The first hours and days after a felony gun arrest are critical. Things move very fast and you need a criminal defense attorney who is proactive. 

First and foremost, a good criminal defense lawyer will thoroughly interview their client to find out what happened. This can be really important for getting key details about the police search and seizure while the events are fresh in the client’s mind. 

From there, a diligent attorney will conduct their own investigation making sure all critical evidence is preserved (e.g., video, witness statements, etc.) and by requesting discovery from the prosecutor. There can often be a ton of arrest paperwork and hours of body camera footage from the police that need to be reviewed, some of which may contain helpful pieces of information to help you beat a gun case.  

As your lawyer, I take immediate action. I move fast because I recognize what is at stake. 

· If the police didn’t have a legal basis to stop you, we can challenge that in court and try to get the case dismissed. 

· If they performed an unconstitutional search, we can move to suppress any unlawfully obtained evidence. 

· If they questioned you in violation of your Miranda rights, we can try to get any incriminating statements thrown out. 

· If the case is a result of someone saying you threatened them with a gun, we can look for inconsistencies that show their lack of credibility. 

My job is to find every single weakness in the prosecutor’s case, and I work relentlessly to find them. That is what every client deserves: an attorney who is absolutely all in on building the strongest possible defense. 

A major misconception is that gun possession cases are straightforward cases. They are often a lot more complicated than most people realize. And the reality is that not every gun arrest leads to a conviction.

So how do you fight a gun case in New York? Here are some of the most common defenses: 

· Unconstitutional search led to the gun being discovered.

· The handgun belonged to someone else. 

· The firearm was not actually operable

· There is reasonable doubt about whether the defendant knew about the gun.

· The gun was found as a result of a defective search warrant. 

· The traffic stop of the defendant that ultimately led to a search of the vehicle was illegal. 

· The witness who says a gun was pointed at them was mistaken or is simply lying. 

The details matter in every case. Figuring out what the strongest defense is to any particular CPW case in New York really comes down to the attorney spending a lot of time reviewing the evidence and fully understanding the facts.

There might not be another area of law that is changing faster right now than gun rights in the United States. This is because much of the case law regarding the 2nd Amendment right to keep and bear arms under the United States Constitution is relatively new. 

Major Supreme Court cases from District of Columbia v. Heller, McDonald v. Chicago, New York State Rifle & Pistol Association v. Bruen, and United States v. Rahimi have made clear that the government cannot restrict gun rights without a constitutionally permissible reason. 

While for the most part it is true that New York courts have generally upheld many gun laws even after these recent Supreme Court cases, this is all such a new and developing area of law that things are subject to change really quick as more 2nd Amendment cases make their way up to the U.S. Supreme Court. 

As a criminal defense attorney handling gun cases in New York City and the surrounding area, I am always keeping up to date with the developing case law concerning the 2nd Amendment. It is undoubtedly a critical part of my job to make constitutional challenges where appropriate and preserve issues for appeal. 

Let me also tell you this: Standing up to the government in defense of ordinary citizens exercising their constitutional rights is one of the key reasons I was motivated to become a criminal defense attorney. 

So if you need a criminal defense lawyer to take a stand for you, give me a call right now at (914) 810-0510. Let’s fight back together. 

In my view, many people charged with gun crimes never meant to break the law. People such as survivors of domestic violence who simply felt safer being armed because they couldn’t rely on (or trust) the police to protect them. People who were simply in NYC temporarily and didn’t realize their out of state permit wasn’t valid here. 

The bottom line is that whatever caused you to get arrested for gun possession, I’m ready to stand and fight for you. 

I don’t judge. I don’t make assumptions. I help. That is literally my job. And I take great pride in delivering for my clients. 

As the system tries to crush you, it’s my job to step in between and defend you. I know the stakes are high. Felony gun charges can mean prison time, losing your job, and losing a number of other important rights. 

But it isn’t all doom and gloom. There are ways to fight these cases and you have options. Let’s talk and build a strong defense together. 

Felony gun cases in Brooklyn and elsewhere in New York are very serious. Because of what is at risk, these cases require a lot of time, investigation, legal research, and preparation. 

The exact cost for a felony gun possession case in the New York City area can vary significantly from attorney to attorney and even case to case, but the factors that influence cost will typically be the seriousness of the charges, the complexity of the case, the amount of work expected, and whether the case is likely to go to trial. 

With that said, the amount of money you might spend for a private criminal defense attorney to fight a felony criminal possession of a weapon case in New York involving a handgun or other firearm is likely to be at least thousands of dollars in total – sometimes more than ten thousand (and other times even more than that). 

As discussed above, every attorney might do things a bit differently and cost typically comes down to the amount of work anticipated. The reality is that it takes what it takes on these cases. The client wants a high level of service. The attorney wants to get paid for the amount of work required. 

Once you start doing the math a bit in terms of how much time is spent on these cases and multiply that by even a relatively low per hour rate for an attorney, it is easy to see why it costs as much as it does: court appearances, reviewing discovery, strategy calls with clients, negotiations with prosecutors, legal research, drafting motions, preparing for trial, pre-trial hearings, and of course the representation at trial if necessary. 

There are a lot of things I love about being a criminal defense lawyer, but one thing I hate is having to talk about money. I wish I could just do this stuff for free. I truly love what I do, but the reality is that running a law office is a business and you need to keep the lights on. 

I recognize that pretty much nobody saves up a bunch of money and tucks it away just in case they ever get arrested for a felony. Coming up with money for a lawyer isn’t easy because it’s not cheap. It’s also never something someone wants to spend money on. Trust me, I get it. 

For that reason, I do offer flexible fee structures for qualified cases and qualified clients. In those situations that qualify, the legal fees can be paid by making an initial deposit and then the client pays the remainder through an agreed upon payment plan. This can often make paying for legal services much more affordable for someone. 

If I take on your case, pricing will always be transparent. You’ll have a fee agreement letter that clearly explains everything. And if you’re not sure whether you can afford a private criminal defense attorney, you can always just give me a call to find out since my first consultation is always free. Just a few minutes of your time can help you get a better understanding of your options. 

If you or someone you love is facing a felony gun charge, don’t wait. These cases move fast. Prosecutors treat them very seriously. And the reality is that the stakes are really high. 

You need a strong defense now. You deserve it. Give me a call today at (914) 810-0510 if you would like a free consultation after an arrest for possessing a firearm in Westchester, Rockland, or NYC. 

This page is for general information only and is not legal advice. Reading this does not create an attorney-client relationship. Every case is different, and results cannot be guaranteed. For legal advice about your specific case, contact an attorney directly.