A New York Gun Crime Lawyer will tell you that New York has amended its gun laws many times over, increasing the penalties for possession of an unlicensed weapon, and other gun crimes. As the current law stands, if you are convicted of a felony Criminal Possession of a weapon, and it is a hand gun, a conviction requires a mandatory sentence of 3 ½ years in prison. If you own a gun and live in New York City, you are required to have the gun registered and licensed. If you fail to do this, the gun is classified as an illegal firearm. If you are found to be in the possession of an illegal firearm, you are subject to arrest and criminal charges. The NYPD is has focused their energies in getting guns off the street, as well as individuals that have committed a Gun Crime.
People often do not clearly understand what possession of a weapon is. You can have a gun in your possession without having on your person. If the weapon is considered to be in your dominion and control, it is enough to be charged with possession. If your gun is in your home or in your car, and you have exclusive access to it, it is in your possession. This is known as constructive possession.
A New York Criminal Lawyer can explain that concept of presumptive possession. This legal concept allows the District Attorney to charge multiple people with the possession of a single weapon. If there are six people in a car, and there is a gun, six people can be charged with presumptive possession. The burden of proof in this type of case is “beyond a reasonable doubt.” With six people in the car, it would be difficult to meet this standard of proof with five others in the car that could potentially be guilty. So the law was designed to make it easier for the District Attorney to meet their burden of proof.
A Gun Crime or any weapons charge can be difficult to defend, which makes it all the more important to seek out the guidance of a qualified New York Gun Crime Lawyer. Contact the Law Office of Elliot Adler, P.C. for advice. We will provide you with legal guidance and a free consultation with your first appointment. We have offices in New York City including Manhattan, Queens, the Bronx, and Brooklyn. On Long Island, we also have offices in Nassau County and Suffolk County. Contact us today at 800.696.9529.