CPW: Crimial Possession of a Weapon in NY

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If you are facing a Criminal Possession of a Weapon charge in Westchester County, Rockland County, or New York City, you can call me right now to request a free consultation.

My office answers 24/7. I’ll help you understand the charges, your legal options, and provide you with a personalized quote for legal representation. 

As a former prosecutor and current criminal defense attorney, I have experience on both sides of the courtroom handling CPW cases. There are ways to fight these cases, but you need a proactive strategy from day one. 

Making sure your rights are protected from the start and coming up with a strong defense is my job. And the reality is that the sooner you call me, the more I can help. Simple as that. 

It costs you absolutely nothing to call me since the first consultation is always free. All you have to do is call (914) 810-0510. 

Trying to figure things out on your own is stressful and not to mention very risky. A skilled New York criminal defense lawyer can make all the difference.

So don’t wait. Call now to request a free consultation. 

I always take a proactive approach. Too much is at stake to be reactive. Criminal possession of a weapon cases are serious, and a strong defense is needed right from the beginning. 

This means that I don’t wait for the prosecution to dictate the case. I build the defense early. Here’s how I do that:

· I conduct my own investigation into the facts. I take the time to listen to my clients. You can expect several strategy sessions throughout your case where we go over the case in detail. We start this early and it will continue throughout the case. If witnesses need to be interviewed, I interview them. If video needs to be preserved, I send a letter of preservation and get the video. Whatever needs to be done, I do it. And I don’t wait. Too much is at stake.

· I personally review all of the discovery and evidence myself. Discovery is the prosecution’s evidence against you, which includes things like police reports, written witness statements, police body camera footage, surveillance video, and much more. I never pass off this work to an assistant, paralegal, or someone else. As your weapons possession attorney, I personally need to know the case inside and out. I literally watch every second of body camera footage as it is amazing what can be found on it. (Even the smallest of details can really matter!) I leave no stone unturned and will do what it takes. Simple as that. 

· I engage in extensive legal research when necessary as CPW cases in particular can often involve very technical and nuanced legal issues. There is no cookie cutter approach to handling these cases. I take a great amount of pride in providing skilled legal representation that includes detailed legal research. I’m not afraid to make complex, nuanced, or even novel legal arguments in court. My duty is to my client. I don’t accept the notion that things should be done the way they’ve always been done. My clients deserve an attorney who isn’t afraid to be on the cutting edge and challenge the status quo.

· I prepare every CPW case as if it is going to go to trial. True, the reality is that most cases don’t end up going to trial, but being prepared for it give you two advantages. First, if the case actually goes to trial, we will be ready with fine-tuned arguments and a strong grasp of all the facts. Second, we often gain a lot of leverage when prosecutors know we are prepared to take the case to trial. It lets them know that we aren’t just going to take whatever offer they give us unless and until it is actually something that you want. 

My clients who have been arrested in the Bronx and the surrounding area for criminal possession of a weapon deserve a lawyer who is going to stand up and fight for them. Someone who is going to treat them with dignity and respect. Someone who understands what is at stake, and who really cares about them and their future. 

If you’re looking for a New York City criminal defense attorney who is committed to providing a strong, thorough, and relentless legal defense to his clients, I want you to give me a call. 

I’ll explain to you how I can help and answer any questions that you have. I’ll meet you with nonjudgment and compassion. I’ll explain things clearly. And I’ll walk you through the next steps and what to expect. 

So don’t wait: call (914) 810-0510 right now for a free consultation. Too much is at stake to wait. 

New York takes weapon charges very seriously. These cases include firearms, knives, brass knuckles, tasers, and more. 

Depending on the facts, you can be charged with a misdemeanor or a felony. 

A misdemeanor CPW charge is less serious than a felony, but it still carries a potential punishment of up to one year in jail. Plus, if you’re convicted, you’ll have a criminal record and might face collateral consequences like loss of employment opportunities, difficulties securing housing, and much more. 

A felony CPW charge is very serious since depending on the exact charge you can face more than a year in jail and sometimes much more than that. 

For example, CPW in the 2nd Degree in New York carries a minimum period of incarceration of 3.5 years and a maximum of 15 assuming you have no prior felony record. If you do, the sentence range can get much higher. 

Of course, having a felony criminal record will have really serious consequences involving employment prospects, immigration, and more. That is why it is so critical to seek out an aggressive criminal defense lawyer who is going to be willing to fight for you. 

There are different levels of CPW charges in NY. Here are some of the most common ones:

Criminal Possession of a Weapon in the Fourth Degree under Penal Law § 265.01 is a “Class A misdemeanor.” It can include possession of certain knives, metal knuckles, dart guns, stun guns, imitation pistols, or other dangerous or deadly instruments. The offense is punishable by up to one year in jail or three years’ probation. 

Criminal Possession of a Weapon in the Third Degree under Penal Law § 265.02 is a “Class D violent felony.” This is typically charged when someone is caught with a large capacity ammunition feeding device or a defaced firearm. It can also be charged when someone has a prior conviction and commits CPW in the 4th Degree or when someone commits a violent felony offense while possessing an unloaded firearm. For a first-time felony offender, the sentence can be between 2 to 7 years in prison, and much more if someone is a predicate felon (meaning they have prior qualifying felony convictions that increase the authorized sentencing range). 

Criminal Possession of a Weapon in the Second Degree under Penal Law § 265.03 is a “Class C violent felony.” This is a very common charge when someone is accused of possessing a loaded gun without a proper New York license outside their home or business. It is also commonly charged when someone possesses a loaded gun with the intent to use it unlawfully against someone else. CPW in the 2nd Degree carries a mandatory minimum sentence of 3.5 years in prison and up to a maximum of 15 years. Of course, if you have prior felony convictions, the sentence could be much greater. 

Criminal Possession of a Weapon in the First Degree under Penal Law § 265.04 is a “Class B violent felony.” It is most commonly charged when someone has ten or more firearms. It can also apply where someone possesses explosives with the intent to use them against others. The mandatory minimum upon conviction is 5 years in prison and the maximum is 25, but of course if you have prior qualifying felonies the sentencing range goes up.

CPW cases can often appear very straightforward. After all, you either did or did not posses the weapon, right? Not so fast. 

These cases can often be a lot more nuanced and complex. Here’s how: 

Sometimes police make mistakes. Maybe they didn’t have a lawful basis to stop you. Or maybe the search they conducted was unconstitutional in violation of your 4th Amendment rights. Depending on how they violated your rights, key evidence can be suppressed and sometimes the whole case can be dismissed as a result. 

The prosecutor’s case might also be a lot weaker than it first appeared. For example, maybe the eyewitness who alleges you had a weapon mistook you for someone else. Or maybe they have some sort of animosity or bias against you such that they have a motive to exaggerate or straight up lie.

Sometimes the issue of “possession” is quite murky. For example, maybe the police found a weapon while searching an apartment that is shared by multiple people. Or maybe they searched a car with multiple passengers. In these situations, there are very nuanced legal principles that can apply and cases can turn on the smallest of facts. A criminal defense attorney with experience identifying these issues can spot things that might help you beat the case or get the charges reduced. 

As a criminal defense attorney handling gun possession cases in Brooklyn and throughout the NYC area, I know that it is critical to challenge the prosecution’s so-called evidence. With so much at stake in these cases, you really need an attorney who is going to leave no stone unturned. 

Many out of state travelers to New York get arrested for criminal possession of weapon each year.  

Most of these people are law-abiding people who’ve never been in trouble before. They might’ve just been here visiting friends or family. Or maybe they were here on business. In many instances, they might even have a lawful permit for their weapon in their home state, but they just didn’t realize that their permit is simply not valid in New York. 

Commonly these arrests of out-of-state visitors occur at places like airports, train stations, and other transit hubs. The laws in New York regarding weapons are strict as they are, but especially at these sensitive locations. 

The problem in many of these cases is that there is an old maxim in the law that basically says “ignorance of the law is no excuse.” This means that even if you truly had no idea that you were violating the law, you can still technically be charged and convicted of CPW in many instances. 

With that said, if you were traveling to the NYC area and got arrested for possessing a weapon such as a gun or ammunition at JFK, LaGuardia, Westchester County Airport, Penn Station, Grand Central Terminal, or anywhere else, I want you to know that you have legal options. However, you also need to move quick to ensure your rights are protected. 

So here’s the bottom line: if this happened to you, just give me a call right now. You don’t need to go down a rabbit hole trying to figure this stuff out on your own. Let me do the heavy legal lifting for you. 

Hiring a private criminal defense lawyer in Westchester County and New York City costs money. While every case is different and every attorney might have a different fee structure, you can typically expect the total cost to be several thousand dollars for a misdemeanor and obviously higher for a felony (sometimes double or triple if not more). 

Let me also be clear about this: I understand that nobody – no matter how much money they make – sets aside money each year just in case they need a criminal defense lawyer. It is not something anyone wants to spend money on either. You’re facing maybe the most stressful event in your life (an arrest with serious potential consequences including jail or prison time) and now it’s going to cost thousands of dollars for a lawyer?

Look, I absolutely hate talking about money. It’s maybe the only thing about my job that I don’t love. I enjoy representing clients in court, counseling them in my office, and conducting legal research to make strong arguments for them. But talking about money? I hate that part of this job. 

But when you call me, we will have to talk about it. I’ll keep things straight with you and talk transparently about cost. 

The reality is that it takes what it takes on these cases. The amount of work that goes into these cases is a lot. It’s not just showing up to court. It is the hours spent reviewing discovery, filing written motions, doing legal research, preparing for trial, negotiating with the prosecutor when appropriate, and obviously the trial itself in some cases. 

When you start doing the math a bit on the hours spent multiplied by even a relatively low hourly rate for an attorney in the NYC area, you can start to see why it costs as much as it does. 

And the reality is that there are no shortcuts on these cases. They require real work and a lot of time spent locked in and relentlessly focused on trying to deliver the best possible outcome for the client. 

If you’ve read this far, I know you’re worried about your case and that you’re really looking for a lawyer to fight for you. I also know you might not be sure if you can afford the representation. But here’s the thing: the first call to me for a consultation is always free, so it doesn’t hurt to call to find out whether we can make it work. 

Additionally, for certain qualifying cases and qualifying clients, I can sometimes offer a flexible payment structure where you’ll make an initial deposit and then pay the remainder of the legal fees through a payment plan. To be clear, I can only offer this in certain cases, but when applicable it can really help make paid legal representation more accessible. 

So call today for a free consultation. It costs nothing to call me, and I’ll speak with you confidentially with your case and talk transparently about pricing. And ultimately if you cannot afford a private attorney, the court will appoint a public defender to you at no cost. You have the constitutional right to counsel. So no matter what, you’ll get legal representation in your criminal case. 

The law in New York is going to be rapidly changing. The Second Amendment landscape is undergoing a major shift after notable U.S. Supreme Court cases such as Heller, McDonald, Bruen, and Rahimi. 

In light of these Supreme Court cases, many New York CPW laws are being challenged. Some could be struck down or greatly limited in the very near future depending on how the case law continues to develop. 

Right now, it is true that New York courts are still for the most part upholding the constitutionality of these CPW statutes. However, it is clear that federal courts throughout the country are moving in a direction that is generally more supporting of 2nd Amendment rights. What this means is that a lot can change very quickly as more 2nd Amendment cases make their way up to the Untied States Supreme Court. 

As a criminal defense lawyer who represents individuals throughout the New York City area facing CPW charges, I continue to stay up to date with the ever-changing case law surrounding the 2nd Amendment. I’m not afraid to raise these cutting edge, novel, and sometimes very nuanced arguments on behalf of my clients. This stuff really matters because of what is at stake in these cases – someone’s freedom, their future, and their constitutional rights. 

If you’ve been arrested in Yonkers, the Bronx, Manhattan, Brooklyn, or elsewhere in the NYC or Westchester County area, I want you to give me a call right now. I have experience on both sides of the courtroom handling CPW cases and would love to put that knowledge to work for you. 

· Call 24/7 (including weekends and holidays): (914) 810-0510; 

· Or send us a message here to schedule a free consultation. 

Disclaimer: The material on this page is for informational and educational purposes only. If you need legal advice, you must contact a qualified criminal defense lawyer who can speak with you privately and confidentially about the specific facts of your case.