Weapons Possession Defense Attorney in New York City
Don’t Let Possession Turn into a Criminal Conviction. Call Us for Help.
In the state of New York, criminal possession of a weapon is covered by Article 265 of the New York State Penal Code. This is an offense which is viewed as being especially serious, evident by the presence of specific mandatory minimum sentencing guidelines.
Criminal possession of a weapon is considered a very serious and violent offense. If you have been charged with this crime, it is essential that you get the help of a New York criminal defense attorney as soon as possible.
Under Article 265, a firearm is defined as follows:
- A rifle
- A pistol
- A revolver
- A shotgun
- An assault rifle
At The Law Office of Yifei He, PLLC, we’ve seen far too many weapons possession charges result in the defendant’s conviction. We are here to make sure the same thing doesn’t happen to you. When we are involved in the matter early on, we can use time to your advantage and work to develop a strategic approach to your defense. In reviewing possession charges, there are many angles to consider, and the right defense attorney can uncover the angle that will best represent your side of the story.
What to Expect During Your Weapons Possession Case
Even if you did not have the weapon in your hands or in your possession at the time of your arrest, the State can nevertheless charge you with weapons possession. Under the doctrine of constructive possession and according to People v. Manini, you can still be found guilty so long as you had ready access to and control of the weapon or to the storage place where the weapon was found.
Possible Penalties for Your Weapons Possession Case
Weapons possession cases for possession of a switchblade, gravity knife, or other sharp implement which could cause serious harm is punishable by up to a year in jail and is defined as “Criminal Possession of a Weapon in the Fourth Degree.”
Additionally, given mandatory minimum sentencing guidelines for violent felonies, carrying a loaded gun without proper permits is defined as “Criminal Possession of a Weapon in the Second Degree.” This crime is punishable by a minimum sentence of 3.5 years of incarceration, even if this is your first time ever being arrested.
Once you have been arrested for a weapons possession charge, only the Prosecutor can drop the case against you. In the meantime, you may have a Temporary Order of Protection issued against you. This will prohibit any contact with any alleged victims. This will also force you to surrender all firearms by a certain date and time to the police.
In order to put an end to the nightmarish ordeal you’re currently facing, you need our NYC weapons possession defense attorney at your side. Attorney Yifei He will take the time to thoroughly understand the circumstances that led to the act that was ultimately labeled as violent and develop a strategy and angle that shows the other side of the story: yours.
Call for a FREE, Confidential Consultation: 1-917-338-7678
To date, we have handled many cases for hardworking individuals arrested for weapons possession in New York City. What’s more, our representation has resulted in favorable outcomes for many of our past clients. It’s our goal to make the same true for you.
Often, we can get you off without charges or without leaving a criminal record. In order to get you the best results, though, you need to act quickly.
Call our New York City weapons possession defense lawyer today by dialing 1-917-338-7678 or contact us online via our message form. Your first consultation is completely free and confidential.