Criminal Defense Lawyers

Staten Island Gun Crimes Lawyer

Last Updated on: 10th February 2025, 01:13 am

STATEN ISLAND GUN CRIMES LAWYER

ARRESTED FOR A FIREARM OFFENSE AND NEED MORE DETAILS?

We get it: New York’s firearm laws can feel overwhelming, especially on Staten Island, where law enforcement and courts strictly enforce them. Below is a deep dive into key statutes, defenses, and legal strategies. Our goal: to help you understand the charges you face and the ways we can protect you.

UNDERSTANDING NEW YORK’S GUN LAWS

AS SEEN ON
CNN, FOX 5, BUSINESS INSIDER

ARTICLE 265 OF THE N.Y. PENAL LAW
This is the primary set of statutes that govern weapon possession and use within New York. These statutes outline everything from simple possession to illegal sales. Here are a few major provisions:

1. Criminal Possession of a Weapon in the Fourth Degree (PL § 265.01)
   • Offense: Possessing certain “dangerous instruments” (like switchblades, gravity knives, or firearms without a license).
   • Classification: Class A misdemeanor.
   • Penalties: Up to 1 year in jail, plus possible fines and a permanent criminal record.
2. Criminal Possession of a Weapon in the Third Degree (PL § 265.02)
   • Offense: Repeat weapon offenses or possession of certain banned devices (e.g., large-capacity ammo feeding devices).
   • Classification: Class D felony.
   • Penalties: Up to 7 years in state prison, with mandatory surcharges.
3. Criminal Possession of a Weapon in the Second Degree (PL § 265.03)
   • Offense: Possessing a loaded firearm with the intent to use it unlawfully against another, or simply possessing a loaded firearm outside your home or business without a valid permit.
   • Classification: Class C violent felony.
   • Penalties: Up to 15 years in state prison, with a minimum mandatory sentence in most cases.
4. Criminal Possession of a Weapon in the First Degree (PL § 265.04)
   • Offense: Possessing ten or more firearms, or possessing any explosive substance with intent to use unlawfully.
   • Classification: Class B violent felony.
   • Penalties: Up to 25 years in state prison. Mandatory minimum sentences often apply.

REGARDLESS OF THE SPECIFIC PENAL CODE SECTION
REGARDLESS OF YOUR PRIOR RECORD
REGARDLESS OF THE CIRCUMSTANCES

We can help you.

FACTORS THAT INCREASE PENALTIES

STIFF SENTENCES
MANDATORY MINIMUMS
LIMITED JUDICIAL DISCRETION

New York is notorious for strict sentencing guidelines, especially when firearms are loaded or unlawfully possessed outside your home or place of business. Judges have minimal latitude in reducing sentences when mandatory minimums apply. Moreover, prosecutors often use PL § 265.03 as a baseline charge if they can prove the gun was “loaded,” even if no bullets were in the chamber but stored alongside the firearm.

Additional Enhancers

• Prior Felony Convictions: If you have a prior felony, you might face enhanced penalties or be considered a “persistent violent felony offender.”
• Use During Another Felony: If a firearm is used in the commission of another felony (e.g., robbery, drug trafficking), the penalties can stack exponentially.
• School Zones: Possession near or in a school zone can lead to more severe charges.

COMMON DEFENSE STRATEGIES

“ILLEGAL SEARCH AND SEIZURE,” reads another bold headline.

Our team takes a meticulous approach to gun charges. Here are some defenses we often employ:

1. Challenging the Stop or Search
   • If law enforcement officers lacked reasonable suspicion or probable cause, or if the warrant was deficient, any discovered firearm could be suppressed.
   • Fourth Amendment violations can result in evidence being thrown out entirely.
2. Lack of Knowledge or Possession
   • The law requires that you “knowingly” possessed the weapon. If you truly had no idea a firearm was in your vehicle or home, this could be a viable defense.
3. License or Permit Issues
   • Sometimes, out-of-state or expired permits complicate the situation. If you were in the process of renewing or possessed a valid permit elsewhere, we might argue good-faith compliance.
4. Constructive Possession Defenses
   • If a firearm was found in a shared space (like a car with multiple passengers or a home with roommates), proving it was specifically “yours” might be difficult for the prosecution.
5. Challenging “Loaded” Definitions
   • Under N.Y. Penal Law, “loaded” can mean the ammunition is readily accessible, even if not physically in the gun. We scrutinize the location of bullets, the type of firearm, and the distance between them.

JUROR IN GHISLAINE MAXWELL MISTRIAL SCANDAL RETAINS OUR COUNSEL

Yes, we’ve handled high-stakes cases and know how to deconstruct a prosecutor’s narrative. Staten Island gun offenses can be just as serious, and we bring the same fierce representation.

POSSIBLE OUTCOMES AND REDUCTIONS

WE FIGHT
WE NEGOTIATE
WE WIN

1. Case Dismissal
   • If key evidence is suppressed or the prosecutor’s case is too weak, we push to have charges dropped.
2. Charge Reduction
   • Negotiating from a felony down to a misdemeanor can mean the difference between prison time and probation.
3. Plea Bargain
   • Sometimes an advantageous plea is the best move—particularly if it avoids a mandatory minimum.
4. Conditional Discharge
   • In limited circumstances, the court might grant a conditional discharge instead of incarceration.

STATEN ISLAND COURTS AND PROCEDURES

LOCAL INSIGHT
PROSECUTORIAL TACTICS
NAVIGATING THE SYSTEM

Gun charges in Staten Island are often prosecuted in Richmond County Supreme Court or the Criminal Court located in St. George. Our familiarity with local judges, prosecutors, and procedures is invaluable. We understand how Staten Island law enforcement operates and use that knowledge to your advantage.

FREQUENTLY ASKED QUESTIONS

Q: Can I be charged just for possessing a firearm in my car if I have no criminal intent?
A: Yes. Under PL § 265.03, mere possession of a loaded firearm can constitute a felony—intent to use it unlawfully is sometimes implied by the law if you don’t have a valid permit.

Q: What if the gun was licensed in another state?
A: Generally, New York doesn’t honor out-of-state permits. You could still face felony charges unless you secure a valid NY license.

Q: How does bail work for a gun charge in Staten Island?
A: Bail is set at arraignment. Because gun crimes can be classified as violent felonies, bail amounts or remand can be high. Having a skilled attorney at your side during arraignment is critical.

WHY CHOOSE SPODEK LAW GROUP

EXPERIENCE MATTERS
REPUTATION MATTERS
RESULTS MATTER

1. High-Profile Experience – Our firm has handled cases that landed in major newspapers and TV networks.
2. Over 50 Years Combined Expertise – We’ve encountered every twist and turn in New York’s weapon laws.
3. Innovative Defense Strategies – We dig deep into procedural errors, chain-of-custody issues, and police protocols.
4. Client-Centered Approach – 24/7 availability, transparent billing, and open communication.

CALL US TODAY FOR A RISK-FREE CONSULTATION

If you’re arrested, accused, or even under investigation for a gun offense on Staten Island, time is critical. Contact us at 888-997-5177 or fill out our online form. We’ll review your case, examine defenses, and help you understand your options.

WE’RE HERE
WE’RE READY
WE CAN HELP