Gun Charges – lebedinkofman

Experienced Manhattan Gun Charge Lawyer

Experienced Manhattan Gun Charge Lawyer – Lebedin Kofman LLP – NYC Firearms Lawyer

New York’s laws involving firearm or weapons possession are harsh. While many states do allow the possession of a firearm in many places, New York state laws are some of the strictest in the country. A firearm or weapon license issued outside of the New York state is not recognized in the state, unlike a driver’s license. Tourists who are not familiar with the laws of New York are sometimes caught carrying illegal guns at tourist attractions like the Statue of Liberty or the Empire State Building or the airport.

Firearm and Weapon Laws in New York City

Without a license, the state of New York bans the possession of any loaded weapon, such as a rifle or short-barreled shotgun, or an assault weapon, outside the residence or business. The city of New York follows strict laws regarding the possession and sale as well as the use of weapons.

A mandatory minimum sentence is used for many firearms offenses in New York City and New York State. New York City also has additional laws that apply to firearms and are punished by criminal penalties.

Most firearms charges in New York City are categorized as Criminal Possession of a Weapon. The New York State Penal Law also has firearms charges that specifically apply to firearms such as the Criminal Use of a Firearm and Criminal Sale of a Firearm.

Although gun laws and charges vary across the country, New York ranks among the top five states that have the strictest firearms laws. Some states permit citizens to openly carry guns, while others let them conceal firearms with no permits.

Some states permit individuals to legally carry concealed firearms without the need for a permit. These are known as constitutional carry states. This includes the three northeast states of Maine, New Hampshire, and Vermont, as well as other states like Arizona, Mississippi, and Missouri. Iowa, Oklahoma, and Tennessee are just a few of the other states that allow open firearms carry.

New York State requires firearm licenses. This license is valid in New York City as well as the rest of the 57 counties. There are three types of New York firearms licenses: carry concealed, possess on-premises, and possess/carry during employment. To obtain a firearms license, you must be at least 21 years of age, have no previous felony convictions, and have good moral character.

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The attorney will call you to discuss your case, defenses, and possible outcomes.

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Common Types of Gun or Weapon Charges
in Manhattan and NYC

Criminal possession of firearms is one of the most serious gun-related offenses in New York. It could include possessing illegal ammunition or a sawed-off shotgun. Criminal possession of firearms charge could also be brought against Felons who are accused of possessing a firearm.

The charges for criminal possession of firearms are broken down into four levels. A fourth-degree offense is a misdemeanor. Criminal possession of a firearm in the first degree is the most severe of all these charges. and it can lead to 25 years imprisonment. If the defendant has a previous conviction, there may be an increase in the level of the criminal possession charge.

Many common New York gun charges can be affected by the person’s criminal history. The minimum sentence increases to seven years if the person has been convicted of a violent felony before. New York State law may consider a firearm loaded if the gun can be loaded and ammunition is easily accessible. This is considered a violent crime.

Simple possession of an unlicensed firearm – If the firearm is found “loaded” outside your residence or business, you could be charged with a Class “C” violent felony.
Assault firearm possession – This offense is considered a felony. It does not matter if the gun was loaded or if you intended to use it. This charge can also be very serious.
Possession of large ammunition feeding devices – This charge includes the possession of a pistol magazine that can hold more than 10 rounds. It is considered a Class “D” felony and can be very dangerous.
Criminal Possession Of A Firearm – New York’s Safe Act added a new crime for the possession of firearms in your house or outside of your residence or business. These offenses were once misdemeanors, but may now be charged as non-violent felonies.
Selling firearms – the sale of firearms to minors and secondary buyers is restricted. Selling firearms without a license is illegal.

New York’s gun crime penalties are harsh and are getting more severe. Anyone facing such charges should consult a New York City attorney to protect their rights. The experienced Lebedin Kofman LLP attorneys may be able to help you protect your rights and your freedom.

Determining the Operability of Weapons in New York City

New York’s firearms laws include an essential element: that firearms or the weapon must be operable. This applies equally to shotguns, handguns, and rifles. Operability is defined in New York law as “capable to discharge ammunition.” Prosecutors aren’t required to show that someone charged with firearms possession is aware that the firearm can be used.

A police laboratory will try to shoot a firearm in a large container of water to determine operability for firearms charges. Contrary to popular belief, bullets don’t travel very fast underwater. The police laboratory can produce reports that will indicate whether a firearm’s operability is determined.

A firearms laboratory report usually includes a section that describes the results. This report typically states which ammunition was used, and how much force was required to trigger the pull. To prove operability, the lab analyst responsible for the operation test must be present at the trial.

Penalties for a Manhattan Weapon Charge or Gun Crime Charge

New York State is known for its complex weapon laws and strict penalties. For both first and second-time offenders, as well as those who have a long history, mandatory prison sentences are common.

Prison sentences can range in severity from Class A felonies to misdemeanors. Even if you have an out-of-state permit, the judge is required to incarcerate you for possessing a firearm. This sentence can be up from a minimum of three and a half years to a maximum of 15 years. Depending on the particular offense and degree, you can also be sentenced to anywhere between one year for lower misdemeanors and 25 years for a Class B felony.

Fines are a possibility, although they’re not very common. However, prosecutors and judges may seek to impose these types of fines. A Class A misdemeanor conviction could result in a $1,000 fine. However, someone convicted for a more serious offense, such as a class B felony may be subject to exponentially higher penalties. A gun-related conviction can have many consequences, including being denied employment, facing deportation, or losing visa status.

Illegal Searches for an NYC Weapons Charge

Allegedly, firearm charges are often a result of illegal search and seizure. However, the United States Constitution as well as the New York State Constitution prohibit police from searching individuals because they feel the need to.

Law enforcement officers need to have a suspicion that is based on alleged facts before they can fully search a person. Search and seizure laws involving firearms must be specific to facts.

A person accused of possessing a firearm can challenge the search and seizure, just as in all cases where the property has been allegedly taken from someone by police. A combined Mapp and Dunaway hearing is where the challenge to search and seizure takes place. The Mapp/Dunaway hearing is a trial in which the prosecution must present credible evidence to prove that the police officer acted legally. A defendant, on the other hand, has to demonstrate by a preponderance that officers illegally acted.

If a defense lawyer can show that the prosecution did not provide credible evidence that police acted legally or that a defense counsel can refute a prosecutor’s credible evidence showing that police acted illegally, the firearm may be suppressed.

This legal idea is called the fruit of the poisonous tree. If a firearm was used as a basis for weapons charges, the case should be dropped. The case can be continued without additional charges if they do not pertain to the alleged possession. It is common for charges not to be filed if the judge finds the police officer not credible.

Gun Crime Charges in New York City: Police Errors and False Assumptions

Some of the most shocking stories about injustice and overreach by New York’s police include cases involving firearm possession.

Many stories have been told of individuals calling 911 to report an emergency, only for the police to turn against them due to a technical or unintentional weapon infraction. In other cases, a person may be stopped while driving around the town with a friend and not knowing that the friend had illegally concealed a firearm.

The Constitution of the United States protects the right to bear arms. Although the government can restrict this right by enacting regulations regarding gun ownership and possession, prosecutions must still meet a great deal of burden before they can charge you with committing a crime.

Possible Defenses to Firearms Charges in NYC

Every person’s right to own and bear arms is protected by the Second Amendment to United States Constitution. However, New York has some of the strictest weapon laws in America, with laws that regulate the possession and sale of firearms.

Although a person can invoke their Second Amendment rights to protect his/her rights for weapon possession, it is not an accepted defense to any firearms and weapons charges. Having a skilled criminal defense lawyer may be able to help you explore every possible defense option for an accused offender. This includes questioning the accuracy or legality of the weapon description and challenging the legitimacy of the police search.

You can expect the jury and prosecutors to punish you if you are charged with a gun or weapon-related crime in New York. New York’s harsh penalties for weapon charges include long prison sentences and higher fines. This is why you need to seek out a reliable weapon or firearm charges lawyer in New York City. Lebedin Kofman LLP has an experienced team of NYC weapons or firearms charges lawyers who may be able to assist. Call us today to schedule a consultation.

Speaking to a Skilled Manhattan Gun Charge Attorney

Facing weapons crime charges can have a huge impact on a person’s life. If you or a loved one is facing gun crime charges, it is important to seek the help of an experienced Manhattan weapons charge lawyer. A skilled lawyer may be able to help you understand your rights and protect your freedom.

Lebedin Kofman LLP has a team of gun crime lawyers who may be able to help you with your gun crime case.

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Client Reviews

I hired Russ to represent me in a domestic violence/criminal case in Manhattan. From the beginning to end of the case, he was professional, supportive and dependable. He alleviated all of my concerns with the possible outcome of my case by assuring me the case would be dismissed. He was absolutely right and successfully got my case dismissed. He was always there, any time of the day or night to answer any questions or concerns. I highly recommend obtaining him as your attorney, he is the best you can find to have in your corner!!

I had the pleasure of using Lebedin Kofman LLP, i was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with you on payment plans, all in all i was very pleased, and would definitely use them again. But really hoping I won't need to! lol

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HIGHLY RECOMMENDED! Saw this law firm online, based on good reviews, I contacted their office and Attorney Arthur Lebedin called me back outright and had given me consultations for free. I went to his office and Atty. Arthur was so gracious listening to my woes with regards to my credit card debts. He’s very knowledgeable of what he does and very professional too. Atty Arthur and everyone down the line - worked hand in hand to make things right for me sooner than I thought. I paid just 1/3 of my outstanding obligations and saved over $9,200+ from the original amount I’m supposed to pay. What an excellent settlement! So grateful to be represented by these amazing lawyers most especially to Attorney Arthur Lebedin, Attorney Stephannie Miranda and the rest of their team. Needless to say, their professional fees are way too reasonable and fair with an option to pay it on an installment basis. My case was settled/resolved in no less time. Exceeded my expectations. What a relief on my part for these settlement that they negotiated on my behalf. Thank you very much.

Highly recommended!

I have been working with different law firms throughout my career. I have had a variety of experiences some good some bad. With that said, my experience with Lebedin Kofman LLP was stellar. They more than delivered. My experience could not have been better. Arthur and his team really had my back. I did alot of research upfront before selecting them and it really paid off. I cannot thank them enough.

We needed legal representation in NYC after our son got into some trouble at a nightclub with an overly aggressive bouncer. Living on the west coast, we were worried about getting the best representation for his case, being so far away. We took the leap and called up Russ Kofman based on the high reviews we saw on Yelp. He was very knowledgeable about the type of case and what could be hoped for in terms of trying to get the charges reduced from misdemeanor to violation. Although the hearing date was over 2 months out, we did not hear from the DA until almost the day before the hearing which was frustrating but out of our control. We then were assigned to work with Sahar Shams, an Associate at the firm that did a great job with last minutes planning and communication with us. Sahar had worked in the DA's office and so had a great insider's view of how they work. She was able to negotiate with the DA office to get the charges reduced even further than he hoped down to an ACD with additional favorable conditions which was a great relief for our son and us. Thanks to Sahar and Russ for the great service. We highly recommend them and the firm!

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Russ handled my domestic violence case which flowed into a very messy divorce. He guided me throw this very scary process and resolved the criminal case very quickly, then turned the tables on my husband and absolutely wiped the floor with his divorce lawyer. I was very happy standing next to him in court and I highly recommend him to anyone looking for a powerhouse lawyer. His fees were also very reasonable and the fact that you get a great team of lawyers working for you helps very much.

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I have used them for my civil cases and my criminal cases they are very hard working and professional. They will stop at nothing to see that you get the justice you deserve and i highly recommend them to anyone who is in need of a great law firm. Lastly i would like to thank them for sticking by me and proving my innocence.

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Arthur was extremely kind and helpful when I first called him to get some advice on how to settle some credit card debt and student loan issues.

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I had a very tough felony cocaine possession and sale case in Queens. I was falsely accused and only Mr. Kofman believed in me. He worked non stop to get my case solved. The investigator he sent out found the evidence that later acquitted me. My family is forever grateful to this firm and I would tell you to call them if your family or friend is ever in trouble. They pick up the phone at any time even when my girlfriend called them at 2 or 3 am in an emergency. Kofman knows drug cases in and out and saved my family a ton of money on bail because he got me ror when the prosecutor was asking for a hundred thousand dollars bail bc of my history.

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Lebedin Kofman has been great to me. They were very understanding regarding my lawsuit and did everything in their power to help me. Kelsey Was amazing, answered back in a timely manner whenever I had Questions and never made me feel uncomfortable or like It wasn’t worth it. They worked hard and ended up getting me a nice sized lawsuit. I appreciate them for all of their work and would recommend to anyone looking for a lawyer who actually cares about you and your case.

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Do not hesitate to call this firm because they will be right by your side every step of the way. They surely live up to their great reviews.

I contacted this firm after spending nearly a year worrying about the consequences of answering a bench warrant. After submitting my information online I was called later that day and spoke to the attorney. His professionalism and knowledge were immediately comforting and I knew I had made the right move. I appeared in court with an attorney from the firm who guided me every step of the way. I only wish I would I have contacted Lebedin Kofman earlier instead of letting fear of the justice system get the best of me. Thank you Lebedin Kofman for helping me get back on the right track, I would highly recommend this firm.

I had a very dicey refusal that could have gone very badly. Russ was able to get me the best deal possible. He represented me at the DMV refusal hearing, and got it dropped entirely. No fees, loss of license or points! Additionally, in the criminal charges, he worked diligently for months and got that dropped to a violation. When I contacted Russ, I was looking at a very long term loss of my license and a permanent criminal record. But his knowledge of the law and hard work got me the best results imaginable. I would highly recommend him!

I had such a great experience with Arthur. I was impressed with how quickly he worked on my case and delivered a result that was beyond what I had expected. He responded to all my questions quickly and allayed my worries. I was lucky to have found him and I would definitely consult him again if any future issues arise.

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After previously hiring 2 law firms, I had almost lost hope of reaching an affordable settlement for a judgment when I came across the website of Mr. Lebedin. In my first conversation with him, Mr. Lebedin listened attentively and then gave a clear assessment of the case, where he explained several options. Because of his honesty, I hired his firm right away. His legal team updated me on their progress via email during several months of tough negotiations. Mr. Lebedin and his team identified stumbling blocks in the negotiations, which they resolved to get an acceptable settlement agreement. After the creditor received payment, Mr. Lebedin and his team followed through to make sure that the creditor and their counsel honored their part of the agreement. I cannot thank Mr. Lebedin and his staff enough for their commitment and persistence in resolving this case. The associate attorney on the case, Ms. Miranda, was outstanding. I highly recommend Mr. Lebedin and the law firm of Lebedin Kofman LLP.

I was charged with a DWI last year. I definitely did not know what to do. Until I did my research and found out about this law firm. Amazing lawyers who worked hard on my case and got it dismissed!! I would recommend Lebedin Kofman to anyone looking for a DWI lawyer in NYC!

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