The right to own firearms is a hallmark of what it means to be a U.S. citizen. That said, New York is notoriously stringent when it comes to gun control and regulation, and if you’re accused of violating any of our state’s gun laws, you need a competent attorney in your corner. Fortunately, you are in the right place. Contact a dedicated Queens, New York gun crime lawyer from Vasiliou Law today so we can get started working on your case.
Gun Crime Lawyer | Safeguarding Your Second Amendment Rights & Future
If you’re accused of a gun crime, you need an Astoria criminal defense lawyer in your corner who can effectively defend you, your future, and your Second Amendment rights. We believe that everyone is innocent until proven guilty, and we will fight, tooth and nail, to preserve your innocence.
Gun Crimes in New York State
New York’s gun laws come with harsh penalties for all those found guilty of violating them. Just some of the most common gun charges we see, as well as their corresponding penalties, are as follows:
Illegal possession of a firearm: This crime occurs when a person owns or carries a gun without a valid license or permit, or when a person is prohibited from possessing a gun due to a prior conviction, mental illness, or any other reason. Depending on the circumstances of your individual case, if you’re found guilty of illegal possession of a firearm, you may face either misdemeanor or felony charges, which, at most, can warrant up to 15 years in prison.
Criminal use of a firearm: Criminal use of a firearm is when someone uses or displays a gun during the commission of another felony offense, such as robbery. The penalties depend on a variety of factors, including whether the gun was loaded and whether it was actually fired or not. Accordingly, criminal use of a firearm can be a class B, C, or D felony, punishable by up to 25 years of incarceration.
Criminal sale of a firearm: This crime occurs when a person sells, exchanges, or gives a firearm to a person who is otherwise unauthorized to possess it. The penalties you may face for such a charge will vary depending on the number and type of guns involved, as well as whether the sale was made to a minor or within 1,000 feet of a school. Criminal sale of a firearm can be a class B, C, D, or E felony, and can warrant up to 25 years of incarceration.
Criminal possession of a weapon on school grounds: This is when someone knowingly possesses a gun on school grounds or in a school building without written authorization from school authorities. That said, this does not apply to law enforcement officers or security guards who are legally authorized to carry firearms on school property. Criminal possession of a weapon on school grounds is a class E felony, punishable by up to four years of incarceration.
Criminal possession of a weapon with intent to use: When a person possesses any dangerous instrument or weapon with intent to use it unlawfully against another person, they may face this charge. This crime does not require the actual use or display of the weapon–only the intent to use it. Criminal possession of a weapon with intent to use is a class A misdemeanor, which can warrant up to one year of incarceration.
Defenses Against Gun Charges
As with any crime, the defense we choose in your case will depend largely on the circumstances of the charges you’re facing and what specifically you’re accused of. However, some of the most common defenses against gun charges are as follows:
You were acting in self-defense
You were not in possession of the weapon
Law enforcement conducted illegal search and seizure
There was no connection between the firearm and the crime allegedly committed
You are being falsely accused entirely
Contact an Astoria Gun Crime Lawyer Today
No matter the circumstances of your case, you need a seasoned attorney in your corner who can effectively combat your charges at every turn. Fortunately, you are in the right place. Contact Vasiliou Law to schedule your free case evaluation with our seasoned legal team today.