Gun/Firearm/Weapons Charges

The state of New York heavily regulates the sale, transfer, possession and manufacturing of firearms. If you are arrested for a firearm-related crime, Jason Russo Criminal Defense Attorney can protect your rights and help you build a strong defense. Below are some of the issues you will encounter when defending against weapon charges in New York:

  • Pleading requirements: There are an abundance of firearms-related laws in New York and the violation of any of these laws can result in serious penalties. New York’s gun laws outlaw certain classes of weapons based on their firing rate, ammunition capacity and classification. The recently adopted NY SAFE Act heightened some of these restrictions and specifically banned magazines that hold more than seven bullets and pre-1994 high-capacity magazines. Firearm-related crimes in New York range from misdemeanor offenses to more serious felonies. One of the more common classes of firearms offenses in NY State is criminal possession of a firearm. Criminal possession can be charged as either a misdemeanor or a felony depending on the type of weapon possessed and the circumstances of the possession. The prosecution is required to plead and prove all of the elements of the specific offense with which you have been charged. It is therefore essential to retain NYC weapons crime attorneys who are well-versed in NY’s firearm laws and can determine whether you have been properly charged.
  • Key witnesses: The key witnesses in a gun crime case depend entirely on the nature of the case and the defense strategy. Common witnesses include ballistics experts, general firearms experts who can testify as to whether a firearm has been converted to an automatic weapon and fact witnesses.