Gun laws have been in the media spotlight lately, in New York but across the country. The New York Police Department has made it their focus to get illegal weapons off the street and aggressively prosecute individuals involved in gun crimes. A Bronx Possession of a Weapon Lawyer can explain that the current laws in New York are that you are convicted of criminal possession of a weapon, the punishment for this crime is 3.5 years in prison. If you own a handgun and live in New York, you must have your gun properly registered and licensed. If you fail to do this, your gun is considered an illegal firearm which can subject you to arrest and criminal charges. If you or a loved one has been charged with the illegal possession of a weapon, it is important to speak with the team at Stephen Bilkis & Associates, PLLC to ensure that your legal interests are protected.
It is no surprise that New York has some of the toughest weapons possession laws in the country. This due in part to a new law that came into effect in 2006, which increased the penalties for gun possession. Under the previous law, the offense was a D felony. Under the new law, the offense is a violent C felony and carries a minimum sentence of 3.5 years in prison. This new law is known as the PLAX rule.
NY Penal Code Section 265 defines the laws regarding weapons possession and explains what various types of weapons come under this law. This law covers a variety of weapons including rifles, pistols, machine guns, stun guns, gravity knives and Chinese stars.
Many people are confused as to what possession of a weapon actually entails. Many are surprised to find that you can be charged with possession even if the weapon is not on your person. If it can be determined that the weapon was in your exclusive dominion and control you are considered to be in possession. So if you have a weapon and keep it in your home or in your vehicle, you are in possession of the weapon. This is known as constructive possession.
Our legal team can explain that the concept of presumptive possession is more complicated. This concept allows the prosecution to charge multiple people with possession of a single weapon. For example, if 4 people are in a vehicle and a gun is found by police under the seat, all 4 people can be charged with possession. The reason for this concept is in the scenario it would be impossible to prove beyond a reasonable doubt that any particular person possessed the weapon. This legal concept allows the District Attorney to prove his case.
Being arrested or receiving a desk appearance ticket is an unsettling experience, and can result in serious legal penalties. A criminal conviction can result not only in jail time, fines and probation, it can also seriously affect your personal and professional life. If you have been charged with the illegal possession of a weapon or other crime, it is very important to ensure that your legal rights are protected. Contact us for legal guidance and a free consultation. We have offices to serve you in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island as well as Westchester County. Call us today to schedule your free consultation at 800.696.9529.