Criminal Possession Of A Firearm
In New York, an individual possessing a firearm could be convicted of a felony. Although this felony is the least serious of all New York weapons offenses, it is still a felony charge. An individual could be convicted of this crime if they possess:
- A pistol or revolver
- A shotgun having one or more barrels less than eighteen inches in length
- A rifle having one or more barrels less than sixteen inches in length
- Any weapon made from a shotgun or rifle, or
- An assault weapon.
It is important to note that if an individual has an antique or collectible firearm, it is not considered a firearm under this statute.
New York Criminal Possession of a Firearm Attorney
If you have been arrested for criminal possession of a firearm in New York, reach out to an experienced criminal defense law firm. At Law Office of Stephanie Selloni, we understand how these types of charges can negatively affect every aspect of your life. A conviction could result in imprisonment and damage to your reputation. Defense lawyer Stephanie Selloni at Law Office of Stephanie Selloni has years of experience defending clients charged with weapon charges and can protect your rights.
The Law Office of Stephanie Selloni represents Long Island clients in Hempstead, Glen Cove, Westbury, and other communities across Nassau and Suffolk County. Call (516) 972-1212 to secure an initial consultation with Law Office of Stephanie Selloni today.
- Penalties For Criminal Possession Of A Firearm
- Other Consequences To Criminal Possession Of A Firearm
- Defenses To Criminal Possession Of A Firearm
- Can A Record Be Expunged After Being Convicted?
- Statute Of Limitations For Criminal Possession Of A Firearm
- Offenses Related To Criminal Possession Of A Firearm
- Additional Resources
Criminal possession of a firearm is classified as a Class E felony. The maximum possible sentence for a Class E felony is four years in prison. However, it is up to the judge’s discretion if the accused also has to serve a probation period of five years.
There may also be additional fines imposed. The judge will look at the accused’s criminal record to determine the proper penalties.
In addition to the legal penalties, there are many times, other consequences that can be lifelong. For example, a felony conviction will result in a criminal record. Once an individual has a criminal record can affect employment opportunities, loan approvals, rental checks, and even college applications. None of these effects even take into account the effects that a conviction can have on someone’s personal and professional life and relationships.
If convicted in New York, there are other penalties that can be imposed as well. These include taking away more of the accused rights. This could be taking away gun ownership rights, governmental employment opportunities, and voting privileges. These rights are commonly taken away when someone is accused of a felony.
There is also the possibility of the conviction harming an individual’s immigration status. Especially with firearm-related felonies, it is a real possibility that this conviction could be seen as a Crime against Moral Turpitude, and it may affect one’s ability to obtain legal immigration status to the United States. In either circumstance, it is important to have an experienced criminal defense attorney to fight for the accused individual’s rights.
There are defenses at the accused person’s disposal. Sometimes, the defense won’t eliminate all that the accused person is guilty of a crime. Instead, a defense may reduce the crime to a lesser degree so that the sentence is lighter.
One major way to challenge the crime of criminal possession of a firearm is if the evidence in question, the firearm, was obtained under illegal means. This may occur if the law enforcement officers did not have probable cause to stop the induvial. Probable cause must be determined by having a reason to stop and complete a traffic stop on the suspected individual. Without proper probable cause, the stop may have violated their rights, and the evidence may not be able to be brought into court. Therefore, the prosecutor would not have evidence to charge the crime.
Once an individual has a criminal conviction on their record, it will be with them for the rest of their life. Future employers may find the conviction, banks may see the conviction and not give a loan, and it may cause trouble finding a place to live.
Unfortunately, in New York, a full expungement is not possible. But, there are ways to eventually have a criminal record sealed. Once a criminal record is sealed, it may be easier for someone to obtain a loan, employment, or places to rent.
New York recently passed a new law that allows people to seal their criminal records if they meet certain conditions. Usually, only two criminal convictions can be sealed. One of the conditions is the status of the crime. Certain violent crimes and Class A felonies are not eligible to be sealed, but misdemeanor crimes may be sealed.
For a record to be sealed, at least ten years must have passed since the end of the sentence, no pending criminal charges must be present, and the individual must have less than two convictions on their criminal record. An attorney can help someone determine if they are eligible to have their criminal record sealed.
All crimes in New York have a certain deadline by which they must be brought against the accused individual. This is known as the statute of limitations. If there has not been a charge brought by the prosecutor within two years from the commission of a Class A misdemeanor, the prosecutor can no longer bring the claim later. The two-year clock begins as soon as it is known the crime has been committed. If the accused individual has not been charged in the two-year timeframe, they can no longer be charged for the crime even if they committed it. It’s very uncommon for the statute of limitations to run out before they press charges.
Criminal possession of a firearm might be charged with or in conjunction with the offenses of criminal possession of a weapon on school grounds or the criminal possession of a weapon in the third degree.
New York State Police – The New York State Police Department has a page of resources for individuals who want to learn about the safe use of guns and provide individuals with safe ways to dispose of weapons.
New York Penal Law – The New York State website provides this description of the legal definitions and elements of criminal possession of a firearm.
Garden City Criminal Possession Of a Firearm Attorney | Nassau County, NY
If you are facing charges for criminal possession of a firearm, Nassau County defense lawyer Stephanie Selloni at Law Office of Stephanie Selloni can help by investigating the facts of your case and developing a defense strategy. She will also negotiate with the prosecutor on your behalf and try to get the charge reduced or dismissed.
Stephanie Selloni represents Long Island clients in Garden City, Mineola, Floral Park, and other communities in Nassau and Suffolk County. Call (516) 972-1212 to arrange a free consultation with Law Office of Stephanie Selloni today.