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Gun Charges

Michael Joseph is a Criminal Defense Lawyer with experience in defending gun charges. Gun charges are taken very seriously in New York and Westchester and if you are facing a gun charge, you need aggressive representation.

Most gun cases involve search and seizure issues and this is where the cases are won and lost. If a gun was found through an unlawful search or an invalid warrant, these cases can be won. Additionally, possession issues are very complicated and require extensive preparation and investigation to fight. Often if a gun is found in a car or home, everyone will be arrested and charged. While technically, the police are allowed to do this, defending the case depends on establishing that you did not possess the gun even though you may have been near the gun.

New York’s gun laws are complicated and the severity of the possible sentence varies based upon a lot of factors. The possession of a firearm is a misdemeanor which is punishable by up to a year in jail. The possession of a firearm becomes a Class D felony when the person who possesses the weapon has previously been convicted of any crime. Possession of a firearm is also a Class D felony when one possesses three or more firearms, a firearm silencer, an assault weapon, a machine-gun or any other firearm or weapon simulating a machine-gun or which can be made into a machine gun. A person can also be convicted of a Class D felony if they knowingly possess a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of the weapon. Not only firearms are class D felonies but also the possession of a disguised gun or a large capacity ammunition feeding device.

New York’s gun laws make it a Class C Felony to possess a loaded firearm, five or more firearms or with intent to use a firearm unlawfully against another person, possessing a machine-gun; or a disguised gun.

Gun charges have very serious consequences and you need an aggressive attorney. I am on your side.

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NEW YORK CRIMINAL LAWYERS BLOG – GUN CHARGES

APPELLATE DIVISION SUPPRESSES GUN AND DISMISSES INDICTMENT

Earlier this week a panel of the New York Appellate Division, Second Department published a decision that is of interest to all criminal defense…

NEW SUPREME COURT RULING ON “THREE STRIKES” LAW

The United States Supreme Court recently ruled that a subsection of the federal Armed Career Criminal Act, which imposes an increased prison term upon…

Our Criminal Defense Lawyer Wins Suppression in New Rochelle Gun Case

In a recent case, our Westchester criminal defense lawyer, Michael Litman, won a major victory in the New Rochelle Criminal Court. Our criminal…

 
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