Have you been arrested on gun charges in Middletown, New York? Larkin Ingrassia Criminal Defense Attorneys can help when you call 845-566-5345. We offer a free consultation with a Middletown gun charges lawyer so you can understand your situation and take the first step toward protecting your future.
Facing allegations involving firearms is serious, and the consequences can follow you for years. When you’re dealing with these charges, you don’t have to go through it alone. A dedicated criminal defense lawyer can review your case, explain your options, and help you move forward with confidence.
Why Hire Larkin Ingrassia Criminal Defense Attorneys if You’re Arrested for Gun Charges?
Being charged with a gun crime in Middletown, NY, can put your entire future at risk. Navigating New York and federal firearm charges is complicated, and you need to work with an attorney who truly understands this area of the law. Many clients in this situation trust Larkin Ingrassia Criminal Defense Attorneys for powerful defense strategies.
When you hire us, you benefit from:
- More than 50 years of combined experience defending criminal charges
- Recognition by The National Trial Lawyers Top 100 and Super Lawyers
- Bilingual services–we confidently counsel and represent both English and Spanish-speaking clients
- Our attorneys always work together, giving your case the advantage of many perspectives and specialties
Our legal team in Middletown is full of tough negotiators and passionate trial advocates. If you’re facing gun charges, we’re here for you from beginning to end. Call today to schedule a free consultation with a Middletown criminal defense attorney.
Overview of Gun Charges in New York
New York State has some of the strictest gun laws in the country, and there are many different offenses a person might face involving firearms or weapons. The severity of your charge and possible penalties depend on the specific allegations and where the weapon was allegedly possessed, as well as your criminal history.
Charges you could face include:
- Criminal possession of a weapon in the fourth degree: Criminal possession of a weapon in the fourth degree covers a wide range of scenarios, such as simple unlawful possession, being a non-citizen in possession of a gun, having weapons after an unfavorable mental health ruling, or holding explosive or armor-piercing ammunition.
- Criminal possession of a firearm: It is a felony in New York to simply possess an unregistered or illegal firearm, even if you didn’t use or brandish it. Having a handgun that you failed to register under the NY SAFE Act, for instance, may lead to this felony charge.
- Criminal possession of a weapon on school grounds: Bringing a firearm, rifle, or shotgun onto any school premises or a school bus, even without intent to use it, is a felony unless you receive written authorization.
- Criminal possession of a weapon in the third degree: This serious felony applies if someone is accused of higher-risk conduct. Examples include possession of three or more firearms, weapons with tampered serial numbers, assault weapons, large-capacity magazines, or “disguised guns.”
- Criminal possession of a weapon in the second degree: This is commonly charged when someone is found with a loaded handgun outside their home or business. It also applies if there’s unlawful intent to use a weapon, possession of a machine gun or disguised gun, or possession of five or more firearms.
- Criminal possession of a weapon in the first degree: This is the most severe firearm charge. It applies to situations where a person is found with 10 or more firearms or who possesses explosives, intending to use them unlawfully.
If you’re facing any type of firearm charge, it’s important to reach out to a criminal defense lawyer as soon as possible to start building your defense.
What Are the Penalties for Gun Charges in Middletown, New York?
Penalties for gun charges in Middletown, New York, can vary widely depending on both the specific offense you are charged with and your prior criminal record. Some cases may result in minor consequences, while others carry mandatory prison time and life-changing felony convictions.
You could face:
- Penalties for misdemeanor gun charges: Convictions for offenses like Criminal Possession of a Weapon in the Fourth Degree are generally misdemeanors and result in up to one year in jail, possible probation, fines, and a permanent criminal record.
- Penalties for felony gun charges: A charge such as criminal possession of a firearm or higher felony-level weapons offenses can carry severe consequences, including state prison. Many felony gun offenses in New York involve mandatory minimum sentences, even for first-time offenders. Penalties for felony gun charges can include up to 25 years in prison.
You can face even harsher penalties if certain aggravating factors are present, like having loaded weapons or a criminal history related to firearm offenses.
Collateral Consequences
If you’re convicted of a gun crime, the penalties can be more than just jail or prison. You face long-term collateral consequences as well. These may include:
- Loss of gun rights: Most gun convictions result in a permanent ban on owning or possessing firearms or ammunition. For some charges, this is automatic and cannot be restored, closing off future opportunities for sport, employment, or self-protection.
- Immigration problems: Firearm convictions are seen as very serious under immigration law. Even lawful immigrants or visa holders can face deportation or denial of permanent residency and citizenship if they’re convicted of certain gun offenses.
- Employment and licensing barriers: Some jobs, especially those in security, healthcare, government, or transportation, become permanently off-limits after a gun conviction. In addition, you may be unable to obtain or renew certain professional licenses required for your career.
- Housing and reputational impact: Landlords commonly deny rental applications to people with felony convictions, especially for weapons offenses. You might also face damaged relationships in your community and even family members who are upset about the conviction.
Gun convictions affect your life in so many ways that you may not have even thought about. Make sure you speak with a lawyer right away to help you fight back.
What Defenses Can Be Raised if I’m Arrested for Gun Charges?
If you’ve been arrested for gun charges in Middletown or elsewhere in New York, it’s important to know that a range of defenses could be available in your case. The right strategy will depend on the facts surrounding your arrest, your knowledge of the weapon, and how law enforcement conducted their investigation.
Common defenses include:
- Unlawful search and seizure: If police searched your person, car, or home without a warrant or some sort of exception to the warrant requirement, your attorney can file a motion to suppress any evidence that was recovered.
- Lack of possession or knowledge: You cannot be convicted unless the prosecution proves that you knowingly and intentionally possessed the firearm or weapon. If the gun was found in a shared space (like a car or house you share with others), and there isn’t any evidence that the gun actually belonged to you or that you even knew it was there, this could raise reasonable doubt with the judge and jury.
- Lawful possession: Some individuals are legally allowed to possess certain types of firearms, or there may be exceptions (such as antique weapons or travel transferring under proper permits). Demonstrating that your conduct fell within state or federal exceptions can be a valid defense.
- Chain of custody issues: The prosecution must show a clear and unbroken chain of custody for the firearm or weapon, meaning every person who handled it is documented and accounted for. If there are gaps or questions about how the evidence was collected, stored, or tested, your attorney may argue that the integrity of the evidence is compromised.
Choosing the right defense depends on a number of factors that your attorney will review with you so you can present the strongest case possible.
If you or a loved one is facing gun charges in Middletown, NY, you don’t have to tackle the legal system on your own. Being arrested can bring a lot of uncertainty and fear about what comes next. When you work with an experienced legal team, you have someone by your side who can build a strong defense and help you walk away without serious repercussions.
Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with a Middletown gun charges lawyer for help.