Possession or use of any weapon is a serious crime in New York State that could result in a lengthy prison term. Possession of a firearm, switchblade, gravity knife, cane sword, Kung Fu star, electronic stun gun, or other weapon is illegal under most circumstances depending on whether you have a license to carry or sell such weapon. People who are convicted felons may not own guns and possession of a firearm by a felon is a serious felony. Most prosecutors refuse to reduce any possession of a weapons charge that involves a loaded firearm. This means that you will have to plead to a violent felony offense or go to trial. Often the charges result from several persons who are charged simply because they were in a car or house that contained a weapon such as a loaded firearm. This is called "constructive possession" and it is a legal presumption that allows the police to charge any of the occupants of a home, apartment, or vehicle with Possession of any drugs, weapons, or illegal contraband unless it is actually in the physical possession of one of the occupants. Without this presumption the police would often be unable to charge anyone with possession of the weapon or drugs since they were not in anyone's hand or pocket. Your attorney can show that you are not the owner of the car or house and that you had no knowledge that a weapon was present. By doing a proper investigation it is often possible to show that your client's fingerprints were not on the weapon or that another person's prints were present. It is possible to show that the gun was stolen or purchased in another state and that another person in the vehicle was recently in that state or purchased the weapon. Our attorneys have the knowledge and experience to handle serious cases involving the possession of weapons.
Possession of Knives and Other Weapons
There are several types of knives or other weapons that can be purchased in a store or online but which are illegal to possess. Many people think that just because they bought a knife in a store it must be legal to carry, but this is not the case. Certain types of knives such as switchblades and gravity knives which are considered especially dangerous are illegal ton carry on your person and if you are searched or patted down by the police they are going to find the weapon and you will be arrested. A gravity knife is one that opens and locks when "flipped". It is often possible for an experienced attorney to prove that the knife in question does not fit the description under the statute and the case will be dismissed. It is also possible to show that the police did not have probable cause to search the person and the case will be dismissed due to an illegal search and seizure. Our lawyers are experienced and have 25 years experience in defending people who are charges with Possession of a Weapon and they are able to get the best possible results under the circumstances, including having the charges dismissed or reduced to a violation such s Disorderly Conduct which is not a criminal conviction.
Criminal Sale of a Weapon
It is a crime to sell a firearm without a license or to sell it to a minor. It is also illegal to deface a firearm or remove the serial number. It is illegal to shorten the barrel of a shotgun less than 18 inches and it is illegal to possess certain automatic weapons under certain circumstances. The possession of five or more firearms by any person is presumptive evidence that such person possessed the firearms with the intent to sell them. In New York City you may not carry a firearm even if you have a valid permit in another state. You may not have a gun in your car or on your person in New York city and it is a very serious crime that often involved a mandatory 3 year prison term. An experienced criminal attorney who knows the prosecutors and is able to convince them that you were not selling the weapons or did not know that your permit did not allow you to carry or transport the weapon may be able to convince the prosecutor to reduce the charge to a misdemeanor with no jail time. Our lead attorney, John J. Carney has 30 years experience in handling weapons cases and will personally handle most of the cases in New York City. Dominic Saraceno is out lead attorney in Buffalo and has many years of experience in all types of weapons cases, We are available 24/7 to answer your questions. Call 917-512-8191 for a free consultation now.
