Weapons crimes in the state of New York are very serious. Any person who is in possession of a handgun, machine gun, rifle, or any other type of unlicensed loaded firearm could be charged with illegal use of a firearm. This applies to having the weapon at a residence or business. Violation of these laws could result in a hefty fine and a felony conviction. In most cases, gun law violations in the state of New York will definitely carry a prison sentence. If you are facing a charge of illegal use of a firearm, you need to consult an experienced attorney as soon as possible.
There are other instances of discharging or possessing a firearm that can result in felony convictions such as:
1. Intentionally firing a firearm in a public place where you could potentially harm people. This could be within a quarter mile of a school. Or if you point a gun at an individual without malice. These are classified as Class A misdemeanors, punishable by a fine up to $1,000 and 1 year in jail.
2. If you fire shots at a plane, train, bus or any other type of vehicle, this is a Class D felony, punishable by up to 5 years in prison.
3. If you possess a firearm and you already have a previous Class C violent felony conviction on your record, you could spend up to 15 years in jail.
4. Criminal use of a firearm in conjunction with a prior Class B violent felony is punishable by a maximum up to 25 years in prison.
New York prosecutors are very serious about gun charges. If you find yourself under such serious circumstances, you should reach out to an experienced attorney who knows everything about illegal use of a Firearm.
Under the law, state and federal statutes are different. Under federal law, if you are in commission of a crime like bank robbery or drug trafficking, you could see another 5-10 years added on to your sentence. Previous federal firearm convictions could boost your charge up to 10 years to life or even the death penalty if murder is attached to it. An experienced lawyer will be able to outline your case and put together thorough defense.
An illegal use of firearm conviction can also accompany other charges. For instance, if you are convicted of a crime such as murder, kidnapping or bank robbery, you will be charged with those crimes along with the illegal use of firearm.
One of the biggest examples of additional charges is when former NYPD officer Jason Canty murdered his wife Jessica Mera by shooting her multiple times. He was charged with first degree murder and also illegal use of a firearm.
If you are facing these charges, all is not lost. No case is ever open and shut. Your defense attorney can counter anything the prosecution has. The defense can formulate a theory that you were the victim of an illegal search and seizure. It could be proven that the stop was illegal. This is the reason why a very good defense attorney is needed to fight for your rights.
Do not find yourself in a situation where you have no legal representation. Anytime you are facing serious charges, you will need to have a knowledgeable and skilled attorney at your side. Remember, “ownership” is an ambiguous term that can work in your favor. A good defense attorney knows how to avoid additional charges being levied against him. Call for a free consultation today. Learn about your rights and allow an attorney to get started as soon as possible.