Are you facing gun charges in Syracuse, NY? Dealing with gun charges can feel confusing and stressful, especially if you aren’t familiar with the local and state laws. You might worry about possible jail time or the long-term impact on your criminal record.
Fortunately, you don’t have to handle the situation alone. If you need help with a gun-related charge in Syracuse, New York, our team is here to help. Contact our law firm, Passalacqua & Associates, LLC, to schedule a consultation with a Syracuse gun charges attorney. We have over 50 years of combined experience.
Call our law office at (315) 500-6425 to schedule a consultation.
How Passalacqua & Associates, LLC Can Help If You’re Arrested For Gun Charges
If you’ve been arrested and charged with gun charges in Syracuse, New York, working with a lawyer is one of the most important things you can do. Here are the ways our legal team can assist:
- We will review New York’s gun laws, looking for ways to show that your actions may have been lawful or misunderstood.
- We will prepare and file legal motions to exclude evidence that was collected illegally so it can’t be used against you.
- We will negotiate with the prosecution to seek lesser charges or reduced penalties.
Gun laws in New York can be confusing, but our team is familiar with them and has decades of combined experience in the legal field. We have been recognized by The National Trial Lawyers and other prestigious legal organizations. Contact Passalacqua & Associates, LLC to schedule a consultation with a Syracuse criminal defense attorney.
Overview of Gun Charges in New York
Gun charges in New York can feel overwhelming because the penalties are serious and can affect your life in many ways. Below is an overview of the most common charges you might face:
Criminal Possession of a Weapon
Criminal possession of a weapon deals with having a firearm, such as a handgun, rifle, or shotgun when they are not permitted to do so. It applies whether the firearm is on your person or somewhere else under your control. It can also be charged when a person possesses an unlawful weapon, like an electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, or metal knuckle knife.
Criminal Possession of a Firearm
This usually refers to having a handgun without registering it appropriately. The authorities don’t need to prove that you planned to use it or commit a crime.
Criminal Possession of a Weapon on School Grounds
It’s illegal to carry a firearm or deadly weapon onto school property or daycare centers.
Criminal Use of a Firearm
Criminal use of a firearm generally involves using a weapon during a felony, such as assault or robbery, which can lead to added charges or harsher penalties.
Criminal Sale of a Firearm
This charge covers selling or transferring firearms without proper authorization or selling them to people who aren’t legally allowed to have them. It can also include cases where someone is acting as an unlicensed dealer.
If you’re facing any of these charges, it’s a good idea to speak with a lawyer who understands New York’s firearm laws.
What Are the Penalties for Gun Charges in Syracuse, New York?
Gun charges in Syracuse, New York, can lead to severe penalties that may change the course of your life. In addition to varying fines, potential jail sentences for the charges listed above are:
Criminal Possession of a Weapon Penalties
This charge can be a Class A misdemeanor or a Class D felony. Class A misdemeanors can result in up to one year in jail, while Class D felonies can result in longer prison sentences, up to seven years.
Criminal Possession of a Firearm Penalties
Criminal possession of a firearm is generally a Class E felony with a maximum prison term of four years. However, if you have a criminal history, you could receive a longer prison sentence.
Criminal Possession of a Weapon on School Grounds Penalties
This is a Class E felony, carrying up to 4 years in prison. The punishment can be harsher if the weapon was used in a crime.
Criminal Use of a Firearm Penalties
Charged as a Class B Felony, it comes with five to 25 years in prison. The exact sentence depends on factors like whether the weapon was fired or if anyone was injured.
Criminal Sale of a Firearm Penalties
Depending on the situation, this can be a Class B, C, or D Felony with a range of prison terms, up to 15 years.
Using a firearm during a felony can add extra years to your sentence. You can face mandatory minimums and harsher legal consequences if you have previous convictions.
What Defenses Can Be Raised If I’m Arrested For Gun Charges?
If you’ve been arrested for gun charges, there are several defenses that may apply to your case depending on the circumstances. Below are some potential arguments your legal team might use:
- Lack of Knowledge: You were unaware that the weapon was in your possession. For instance, this might apply if the firearm was found in a vehicle you borrowed.
- Unlawful Search and Seizure: Any evidence found may be inadmissible if law enforcement violated your rights during their search.
- Self-Defense: In certain situations, possessing or using a firearm to protect yourself against an imminent threat could be a defense.
- Mistaken Identity: Law enforcement may have arrested the wrong individual, or the firearm may not have belonged to you.
Each case is unique, so it’s important to consult with an experienced attorney to determine which defenses are most appropriate for your situation.
Schedule a Consultation With Our Syracuse Gun Charges Lawyers
Facing gun charges is a scary experience, but it doesn’t automatically mean you’ll be found guilty. It’s normal to feel worried or unsure of what to do next. However, you can get a clearer picture of your options and rights with the right legal guidance. If you have any questions or need help with charges, contact Passalacqua & Associates, LLC to schedule a consultation with a Syracuse gun charges lawyer.