The existing gun crimes on the books in the state New York are tough. In fact, across the board, they are arguably the strictest in the country. This is why any charge related to a gun crime in the Bronx is a serious one that requires a professional and experienced lawyer to be working on your behalf. A gun crimes charge can stem from a variety of situations, from having a gun during a drug transaction to being found in possession of a gun that is not licensed or registered to you. Because the laws are so different in New York than in surrounding states, what might be legal where you moved from may be illegal in the Bronx. Continue reading to learn more.
Gun Crime Laws In the Bronx Explained
A criminal conviction for a gun crime in the state of New York can cost you dearly. There are a variety of factors that go into determining a charge of this nature, but the possible ramifications will follow you for the rest of your life. The most basic charge for a gun crime involves the possession an unlicensed or unregistered gun. There are also charges that stem from selling a gun illegally. That is an important point to keep in mind, because not just anyone in the state of New York is permitted to sell a gun to another individual. If you are found to be doing so in the Bronx, you could be charged with a felony.
If you are in possession of a gun during the commission of a crime, this can result in a weapons violation as well. This includes if you are involved in a drug transition while brandishing a gun, regardless of whether or not you actually use the weapon. It is important to remember that this charge can result from being in possession of other types of dangerous weapons as well, such as knives and switchblades. In essence, if it can do bodily harm, law enforcement officials could bring you up on a gun crimes charge.
Penalties For A Conviction
The penalty for a gun crime conviction can range anywhere between one and twenty five years in prison, in addition to signifiant monetary fines. The big range in sentencing guidelines is due to the number of different categories that classify a gun crime in New York. This begins with a criminal weapons charge in the fourth degree, which is a class A misdemeanor punishable by one year in prison if convicted. This charge is usually handed down to individuals who lack a criminal history and have been accused of being in possession of a gun that was not properly licensed or registered. A common example would be if you were found to have a gun on school grounds as well. However, if you are found to be ready to use such a weapon, the charge would likely be more severe.
Moving along, a criminal weapons possession in the first degree can result in a sentence of twenty five years in prison if convicted. This results when you have been found in possession of a weapon that is perceived to be extremely dangerous, such as in the case of an explosive device or an automatic rifle loaded with ammunition. The prosecutor generally dictates which level of gun crime was committed and will recommend charges accordingly.
Defenses That Can Be Mounted
Depending on what you are specifically charged with, there are a number of possible defenses that can be mounted. If you were unaware of a specific gun law because of your recent arrival in the state, your lawyer may be able to get the charges reduced. There are also situations where evidence may have been obtained illegally, and your attorney will work to get the eliminated as well. Another possible defense is simple neglect. Remember that the prosecution must prove that you committed the gun crime in question, so your attorney will mount a defense to refute that point.
Why Do You Need Our Attorneys?
Because of the serious nature of this crime, you need Bronx gun crime lawyers working on your behalf. We will fight the charges on your behalf and work to get your sentence reduced or the charges dropped all together. Contact us as soon as you are charged in order to protect your legal rights.