Utica Gun Crimes Lawyers Representing Clients Charged With Weapons Offenses
New York has extremely strict laws and penalties that apply to guns and gun-related crimes. Gun laws in the state of New York are extraordinarily complex due to the fact that often New York City and other areas of the state have different statutes in place with regard to owning or possessing weapons. In other words, the laws that surround gun ownership in Utica, New York, are significantly different than those in New York City.
Because of the serious nature of gun-related crimes and offenses, if you are charged with a violation, you need to retain legal representation immediately. It is imperative that you find an attorney who understands the complexities and differences in gun laws that may exist so that they can mount a strong defense on your behalf.
The law firm of Passalacqua & Associates, LLC has attorneys who are highly qualified for your case. We make sure to listen to what you have to say regarding the events of your case, review all of the available evidence, and formulate the best strategy possible in an attempt to have your charges dismissed or significantly reduced. Contact our law offices by calling (315) 500-6425 to schedule an appointment with a member of our legal team.
What is Criminal Possession of a Firearm in New York?
Criminal possession of a firearm is a Class E felony in the State of New York. This is a profoundly serious criminal charge as it carries a potential sentence of up to four years in prison. In addition, you could also receive a term of probation for up to 5 years along with a fine.
Often in this type of conviction, the judge will consider a number of factors when determining a sentence. Those factors may include your criminal history. If you are a first-time offender, more than likely, the judge will issue a sentence that is less severe than if you have a lengthy criminal history.
One of the most frequent charges involving criminal possession of a firearm is Criminal Possession of a Weapon in the Second Degree. If you are apprehended by the police with a firearm, without a license to possess the weapon, the exact charge will ultimately depend on a variety of factors. Some of these factors include the location and whether outside of a place of business or a home, in a motor vehicle, or if the weapon was used in the alleged commission of another criminal offense. It should be understood that many gun charges in New York state are punishable by a mandatory minimum prison sentence that cannot be reduced even at the judge’s discretion.
What is Required to Legally Own a Handgun in New York State?
if you would like to own a handgun in New York state, it is vital that you understand the various conditions that apply to gun ownership so that you do not find yourself in legal trouble at a later date.
In order to legally own a handgun, you must be at least 21 years old and have a valid permit to both buy and possess a firearm. New York strictly prohibits any individual from owning a gun who has previous felony convictions or who has been certified as mentally incompetent. You must also pass both state, federal, and mental health background checks. This holds true even if you are attempting to purchase the weapon at a gun show.
New York state law also stipulates that gun owner must renew their handgun permits every five years. Failure to do so can cause the owner to be charged with a Class A misdemeanor.
If you live with another individual who is a convicted felon or has previously been declared mentally incompetent, you must secure the gun in your home. If you fail to do so, you could be charged with a misdemeanor.
What Can Prohibit You From Owning a Gun in New York State?
New York has very stringent regulations when it comes to gun ownership. The following are some of the reasons why an individual would not be permitted to own a gun in the state.
- Has a prior felony conviction
- Was discharged from the military under dishonorable conditions
- Has previously had a handgun license revoked and is under a suspension or ineligibility order due to a domestic violence restraining order
- Is a fugitive from justice
- Is not legally in the United States or has not been admitted into the United States under a non-immigrant visa
Do I Need to Hire a Gun Crimes Lawyer to Defend My Case?
Because of the differences in gun laws in Utica, New York, versus those in New York City, the rules that surround firearms can be extremely complex and difficult to understand on your own. Due to the serious nature of gun crimes and the resulting consequences, New York state has enacted some of the strictest gun control laws in the nation.
The criminal penalties of a gun-related crime are very steep and could have life-altering consequences should you be convicted. You need the help of a criminal lawyer in Utica who understands the complexities of New York gun laws. Based on the individual circumstances of your case, a gun crimes lawyer can review the evidence and formulate a strong defense strategy in an effort to resolve your case.
The highly qualified attorneys of Passalacqua & Associates, LLC are fully committed to exploring every option available in order to provide a resolution that is favorable to you. Our main goal is to either have your charges dismissed or significantly reduced so that you will be able to resume your life. Contact our law offices by calling (315) 500-6425 and scheduling a free strategy session.