Weapons Possession

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Facing a weapons possession charge in New York is a serious matter that could have life-changing consequences. Since New York has some of the strictest laws regarding guns and weapons, even first-time offenders can face significant jail or prison time. At the Law Office of Michael J. McConnell, we understand the seriousness of these charges and therefore prioritize building a strong and strategic defense from day one. 

Don’t wait to get the help that you need. Contact our office today for a free consultation if you’ve been charged with possession of a weapon in New York. 

New York Penal Law Article 265 governs offenses involving firearms and other dangerous weapons. These laws cover a wide range of items, including firearms, switchblades, metal knuckles, gravity knives, and even certain types of ammunition. Possession of a weapon can be charged in varying degrees—ranging from a misdemeanor to a serious felony—depending on the type of weapon, the circumstances of the possession, and the individual’s criminal history.

In New York, it is illegal to possess a firearm without a valid permit. Unfortunately, many people face charges simply because they didn’t know about New York’s permit requirement – especially visitors from other states with more lenient gun laws. However, under New York law, ignorance of the law is not a valid excuse, which is why it is critical to have a knowledgeable criminal defense lawyer to defend you in court.  

To fight a weapons charge, an attorney needs to carefully review the facts of your case. There are several possible ways to defend these cases, including those based on constitutional protections.

Here are some of the most common defenses that a skilled criminal defense lawyer in New York might be able to use if you’ve been charged with a weapons offense: 

• Illegal Search and Seizure – If the weapon was discovered during an unlawful stop, search, or arrest, the evidence might be suppressed (i.e., thrown out by the judge).  
• Lack of Possession – The prosecution has the burden of proving that you actually      possessed the weapon. 
• Permit or License Defense – If a valid permit exists, charges may be reduced      or dismissed.
• Temporary or Innocent Possession – In certain cases, demonstrating that      possession was brief and for a lawful purpose may be a valid defense.

Weapons charges are very aggressively prosecuted in New York with prosecutors often seeking harsh penalties like prison time. Prosecutors might even refuse to make reasonable plea offers, which is why it can be critical to have a criminal defense attorney by your side who can: 

· Identify weaknesses in the prosecution’s case

· File motions arguing for suppression of evidence

· Fight to have the charges reduced or dismissed entirely

· Skillfully negotiate a plea (if that is in your best interest)

· Take the case to trial before a jury seeking a full acquittal 

Michael J. McConnell will approach each weapons possession case with a tailored strategy. The goal in every case is to win, which means doing what it takes to get there and fighting tooth and nail. Whether that is by arguing to the judge to dismiss the case due to a constitutional violation or aggressively negotiating a favorable outcome with the prosecutor, the goal is always to protect your rights.

If you are facing a weapons possession charge in New York, do not speak to law enforcement without an attorney present. Contact our office immediately to schedule a confidential consultation. We will explain your options, answer your questions, and begin building a strong defense from day one. 

Call (914) 810-0510 right now or fill out our contact form to schedule your free consultation.