Nature of the Crime
Being charged with a gun crime is serious. Not only can it hamper your ability to ever carry a gun legally in the state of New York ever again, a conviction can land you in prison for a number of years. There are quite a few situations where a person can be charged with a gun crime in New York. One such example is selling a firearm illegally. If you are found to have sold a gun to another person in a manner that is not in accordance with current state law, you can be charged with this crime. As mentioned, a charge can also stem from being in possession of a weapon in a criminal fashion.
Gun crimes continue to vary in scope, as you can be charged with this offense if you are involved in a drug transaction and are in possession of a weapon at the same time. A gun crime can also be levied in special situations if you are found to be in possession of other dangerous weapons. Examples include stun guns, switchblades, and knives. The common denominator here is that you will need to be shown to have used these weapons in the commission of another crime, as that will determine the nature of the charge.
Possible Penalties for Gun Crimes in New York
Gun crimes can be classified differently in New York depending upon the nature of the actual crime that you are accused of. Charges can range from a class A misdemeanor for a weapons violation in the fourth degree to a class B felony for a weapons violation in the first degree. Prosecutors will look at various factors when determining what specific charge to levy against you. This begins with an examination of your criminal history. If you have no weapons violations in the past, and you are found to only have been in possession of a gun that was not properly licensed, you are probably looking at a class A misdemeanor. However, keep in mind that a conviction on this charge alone will still land you in jail for up to one year.
If you are found to have used a weapon in an illegal fashion, particularly during the commission of another crime, you are possibly looking at a much more serious charge. This can amount to a prison sentence of up to twenty five years if convicted. If you have a previous criminal history, this will impact the prosecutors likely decision to have a harsher sentence imposed. This, once again, demonstrates the need to have a Queens gun crime lawyer working on your behalf.
Possible Defense Against This Charge
Depending upon the scope of the charge, there are various defenses against such a charge in Queens. To begin, your lawyer will look at the circumstances surrounding the charge you are accused of. In some cases, you might have recently moved from outside the state and were unaware of a change in law. While a lack of knowledge may not be an excuse in this situation, it can help your lawyer in getting the charges reduced or tossed out all together. Evidence may have also been obtained illegally. If so, your lawyer will work to get that removed at trial, benefitting you in the end.
How Can Our Attorneys Help?
Without a professional and experienced lawyer working on your behalf, you will be left with little recourse. Our attorneys will immediately begin to examine the evidence and work out a defense for you. Contact us today to learn more about what we can do to help.