NYC Gun Crime Lawyer

NYC Gun Crime Attorney

If you face a gun crime charge in New York City, you may be stressed, overwhelmed, and feel like you have no options. The evidence against you may be high, and you may see no way to avoid a conviction. Do not face this uncertainty alone. Our NYC gun crimes lawyer can help you move forward.

At the Law Office of Jonathan Savella, we have the experience necessary to fight gun charges in New York. Our federal criminal defense lawyer team fights for the rights of our clients and has years of experience representing clients with gun crime charges. We want the ideal outcome for you because we care about the residents of New York. Our team is here to support you and the people in our community.

Consequences of a Gun Charge in NYC

We understand how complex New York gun laws can be. The court system is intricate and can confuse many people who never expected to deal with it. Our dedicated team can work to minimize your consequences or get your case dismissed, but it can be essential to understand the possible consequences you face if convicted. Potential penalties can include:

• Jail Time: Depending on the severity of the charges, you could face time in prison. Some felony gun charges result in life sentences.
• Fines: Some people are surprised to learn that individuals can face life-changing fines for criminal convictions. Gun charges, in particular, can result in heavy penalties.
• Loss of Gun Rights: A gun charge conviction can permanently bar an individual from owning a firearm in New York. With this barring, you could lose the ability to hunt, target shoot, or protect yourself.
• Reputational Damage: Gun charges can prevent you from getting a job, renting an apartment, or obtaining professional licenses.
• Immigration Issues: For non-citizens, gun charges can complicate immigration procedures and even lead to deportation. Even for permanent residents, gun convictions can jeopardize paths to citizenship.

Understanding NYC Firearm Charges

It is no surprise to many that New York City has some of the strictest gun control laws in the country. These strict laws can come with a wide range of potential charges, leaving many unsure of what to expect after receiving a gun charge. Knowing what you are up against can be helpful if you receive a charge or allegation.

Criminal Possession of a Weapon

Criminal Possession of a Weapon mainly applies to possessing a firearm without a permit. The severity of this type of charge rests on the weapon someone possessed and the circumstances surrounding the possession. The nuance of the charge can lead to dramatically different penalties.

These charges can range from misdemeanors to felonies, depending on many factors, including:

• If the type of firearm is a handgun, rifle, or shotgun
• The perceived intent or usage of weapons amid another crime
• Additional factors include the possession location, such as near a school zone, government building, or vulnerable community

At the Law Office of Jonathan Savella, our skilled attorney can explore potential defenses for each factor contributing to the severity of your charge. For example, showing elements like your possession of the unloaded firearm in its proper case and secure location can help your case.

Carrying a Concealed Weapon

You need a valid permit to carry a concealed firearm in New York. Doing so without a valid license can get you a Carrying a Concealed Weapon charge. These charges apply to handguns and certain types of rifles and shotguns. Even if you have a permit to own the firearm, you need a permit to have authorization to carry the weapon concealed.

New York has one of the country’s most concrete concealed carry permit requirements. Obtaining a permit can be a highly complex process, and succeeding in your application still does not mean you can carry your concealed carry everywhere.

Depending on the circumstances, defenses for these charges can involve challenging the legality of the arrest or arguing for an improperly denied permit application.

Unlawful Sale of a Firearm

Selling or transferring a firearm to someone who does not have a valid permit is illegal. The charge of Unlawful Sale of a Firearm is serious and should be avoided at all costs. It applies to private sales, family member transfers, and other transactions.

New York requires background checks for anyone involved in firearm sales and transfers. Failing to ensure the recipient of your transaction passes a background check can lead to criminal charges. For many people, even gifting a firearm to a close relative can be illegal.

You can get into serious legal trouble if someone does not have a proper permit. Our attorney can advise you on the necessary precautions and procedures for legal firearm transfers.

Discharging a Firearm

Discharging a firearm within city limits can be illegal and result in severe penalties. Designated areas like shooting ranges can be legal, but typically, anywhere else is off-limits.

Even though this can be difficult for some people to understand, you can also receive this charge due to an accidental discharge. Our team can work to minimize the penalties associated with circumstances like an accidental discharge, but it can be crucial to show that you emphasize safety and responsible gun ownership.

Staying Cautious After an NYC Gun Charge

While it can help to know the types of charges you can face, it can be more important to understand the landscape surrounding your charge. The potential consequences can be severe, the legal system can be complex, and the charges you receive can be confusing.

During any interaction with law enforcement, you must be polite and know your fundamental rights. You can and should remain silent. You can and should refuse unreasonable searches and seizures. Consenting to a search without a warrant can put you in a tricky situation and jeopardize your future. Immediately requesting to speak to an attorney can be the wisest choice.

The sooner you can contact an attorney, the better your case will be. These professionals can begin investigating your case, starting with your arrest and whether there was probable cause. When you give your attorney time to secure evidence and build a strong defense, you can have a higher chance of getting your case dismissed.

Our legal team also provides representation for those seeking a federal criminal appeals, ensuring that every client receives comprehensive defense throughout their case.

Taking Control of Your Gun Crime Case

If you face New York City gun charges, seeking counsel as soon as possible is crucial. We can provide the representation you need to protect your rights and achieve the ideal outcome in your case. After an arrest, the essential steps to take include:

• Remain silent. Be polite, but do not speak to law enforcement about the alleged incident until you have an attorney present.
• Contact a NYC firearm defense attorney. Whether or not you think an attorney is necessary does not change the seriousness of your situation. A skilled attorney can protect your future, advise you of your rights, and successfully guide you through the New York legal process.
• Gather evidence. If you have documentation that can be helpful to the case, such as gun permits, receipts, or witness statements, providing these to your attorney can help your case significantly. Speak with your attorney to make it clear what items could be beneficial.

FAQs:

Can You Beat a Gun Charge in NY?

Whether you can beat a gun charge in NY depends on the specifics of your case. New York City has some of the strictest gun laws in the country. Gun charges in the city carry severe penalties. It can be wise to avoid situations where you could receive a gun charge.

However, our NYC gun crimes lawyer can discuss your case and explore various defenses to help fight your charges. Your ideal strategy will depend on the facts of your situation.

How Much Time Do You Get for a Gun Charge in NY?

The potential jail time you get for a gun charge in NY can vary due to the intricacies of the offense. While some offenses are misdemeanors, others are felonies. Misdemeanor gun charges can result in jail time and fines. Felony charges are different and come with much harsher sentences.

Depending on the charge, a felony gun charge can result in life in prison. Factors like criminal history can impact the jail sentence in conjunction with the charge’s severity.

Who Is Exempt From the NY Safe Act?

Individuals exempt from the NY Safe Act are typically people in professions deemed to require gun possession. The NY Safe Act places restrictions on gun ownership and possession in New York, but specific exempted individuals include:

• Law enforcement officers
• Licensed security guards
• People with antique firearms
• People with hunting equipment like sporting rifles and shotguns

If you are wondering whether you are eligible for an exemption, consult with our NYC gun crimes attorney for assistance.

What Disqualifies You From Owning a Gun in NY?

Many factors can disqualify you from owning a gun in NY. New York has strict background check requirements for gun ownership. Disqualifying elements can include felony convictions, some misdemeanor convictions, mental health adjudications, and a history of drug and alcohol abuse.

In addition to these factors, other aspects of your life can prevent you from legally owning a firearm in New York. Our NYC gun crimes attorney can examine your life and help you understand your eligibility and possible disqualifications.

Contact Us for Help with Your Gun Charge in NYC

You do not have to face your gun charge alone. The Law Office of Jonathan Savella can help you get through this legal fight. We can seek the optimal outcome for your case, no matter the charge you face. Contact our NYC gun crime attorney to get started today.