In New York the gun laws are strict and a criminal attorney can fight for your rights if charged with a gun crime. In the state of New York there are laws prohibiting the possessions of handguns without a license to carry or possess them for sport, repair, or disposal. Additionally, the NY Safe Act bans specific guns and ammunition such as a magazine holding more than ten rounds, certain semi-automatic rifles, and specific semi-automatic assault-style rifles. Anyone caught with these weapons could be subject to criminal charges.
The severity of the charges and whether or not someone will be prosecuted often depend on the location where they are caught. Police in the metro areas along with New York State Police are likely to arrest and prosecute everyone they catch illegally possessing a firearm. In rural areas arrests are less likely and prosecution is typical when tied to intent to harm someone instead of simply possessing the weapon. Those with weapons should be careful to understand the laws as they have changed in the past several years, and make sure that they are in compliance. The police are known to be aggressive in their arrests and not knowing the law will not prevent you from getting arrested.
A strong criminal defense by an experienced criminal attorney can make a difference between freedom or years in jail. A recent example of overzealous gun crime prosecution is the case of Robert Lee Miles in 2011. He was stopped by the police for walking between subway cars. They searched him and found that he possessed an unloaded gun. He told the police that he was taking the gun to the police station to collect $100 from the Cash for Guns Program. Instead of taking him to the station and allowing him to turn the gun in, they arrested him. He was prosecuted as felon-in-possession since he had an existing criminal record. Since he had been previously convicted of a drug crime and two violent crimes he was sentenced to fifteen years in jail.
In this case, Mr. Miles tried to have it dismissed due to several factors that included saying he was falsely detained and searched and that his previous crimes did not constitute “violent”. Each time he appealed, it was denied. His legal defense was not strong enough to fight the charges against him. This case is a perfect example of why it is so important to hire a criminal attorney for any gun crime charges in New York. Even simple mistakes can lead to time in jail and getting the right attorney on your side can be essential for remaining free.
If you are arrested for a gun-related crime in New York, The Law Office of Paul R. Berko can help. Mr. Berko is an expert criminal attorney and will fight for your rights. He specializes in representing those who have been charged with carrying a concealed weapons permit, possession of an unregistered handgun, unlicensed firearms, unlawful sale of firearms, carrying a concealed and loaded weapon in a vehicle, felon in possession and more.
