Have you been arrested or charged with a gun offense in Newburgh, New York? Larkin Ingrassia Criminal Defense Attorneys can help when you call (845) 566-5345. We offer a free consultation with a Newburgh gun charges lawyer who is ready to defend your rights and guide you through this difficult time.
If you’re facing state or federal gun charges, taking action quickly can make a major difference in the outcome of your case. An experienced gun charges lawyer can review the details, build a strong defense, and fight for your future every step of the way.
Why Hire Larkin Ingrassia Criminal Defense Attorneys if You’re Arrested for Gun Charges?
A gun charge in Newburgh, NY, can change your life – even if it stems from one mistake. You could face prison, heavy fines, and a record that follows you forever. Working with the right defense team at Larkin Ingrassia Criminal Defense Attorneys is essential.
Here’s why you should choose us:
- We have more than 50 years of combined experience working on cases just like yours.
- When you work with us, all of our attorneys work on your case. This brings different perspectives that benefit your defense.
- Our attorneys can speak Spanish, so if English isn’t your first language, don’t let that stop you from reaching out.
- Our attorneys have been named to the National Trial Lawyers Top 100 and have received strong ratings from past clients.
Being arrested feels overwhelming, but you do not have to face the system by yourself. If you have been arrested for a gun charge, call Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with a Newburgh criminal defense attorney.
Overview of Gun Charges in New York
Facing gun charges in New York is a serious situation to find yourself in. Some of the potential charges you could see include the following:
Unlicensed, Loaded Gun Outside Home or Business
Having a loaded weapon outside your home or business without a proper license is prosecuted as a Class C violent felony. Even if you were not involved in any violent act, just having the firearm on you or in your car can bring years in prison.
Prosecutors do not need to prove an intent to use the gun; possession alone is enough.
Assault Weapon Possession
It’s a felony to possess an assault weapon in New York, whether that weapon is loaded or not. It does not matter if you planned to use it. Simply having an assault weapon violates the law under both older statutes and recent versions like those added by the NY SAFE Act.
Criminal Possession of a Firearm
Criminal possession of a firearm applies when someone has a gun without legal permission. You need the correct license to own or carry a firearm. Additionally, if you have a felony conviction or certain misdemeanor convictions, you cannot own or possess any gun in New York.
Even holding a gun for someone else or having it in your car or home can lead to charges.
Gun Sales
The illegal selling or trading of guns is also heavily restricted. Selling guns without the correct license is a felony, even during a private sale. Strict rules apply to sales involving minors, background checks for all buyers, and reporting all transfers.
If you or someone you know is charged, always talk to an attorney as soon as you can. The laws are strict and complex, and seeking legal advice early on is helpful for your case.
What Are the Penalties for Gun Charges in Newburgh, New York?
Facing a gun charge in Newburgh can be confusing and frightening. Even a small mistake can lead to serious legal trouble. Consequences can include:
Jail and Prison Sentences
The severity of the penalty depends on the details of the charge. Gun offenses in Newburgh range from misdemeanors all the way to Class B felonies. For example, a misdemeanor could lead to up to a year in jail. However, possessing an illegally loaded pistol, even for visitors with an out-of-state permit, carries a minimum prison sentence of three and a half years.
Class B felonies like armed robbery or possession of certain illegal firearms can be punished by up to 25 years behind bars.
Fines
Fines can add even more stress. You could face a fine of up to $1,000 for a Class A misdemeanor weapons charge. For more serious felonies, that amount rises considerably.
Probation
Probation can come with or instead of jail or prison. You must follow strict rules and meet often with your probation officer. If you violate the conditions laid out, you’re likely to end up back in prison.
Getting arrested on a gun charge in New York, or even just being accused, means the state is going to push hard for strong punishment. These cases should never be taken lightly.
Collateral Consequences of a Gun Charge Conviction
When you’re convicted of a gun charge, your consequences can be more severe than prison time and fines. There are aspects of these charges that can follow you around forever.
These collateral consequences often include:
- Reduction in employment opportunities: A gun conviction can shut the door on lots of work options. Many jobs do background checks, and a conviction on your record can sometimes scare employers off. While this is technically illegal in New York, that doesn’t mean employers don’t do it.
- Immigration consequences: For people who aren’t U.S. citizens, a gun conviction can quickly become even more serious. This could lead to deportation proceedings or issues with other immigration processes, like obtaining visas and work permits.
- Losing the right to own or even be around firearms: With almost all gun convictions, state and federal law bars a person from ever legally owning or possessing a firearm. If you violate this condition, you can face more criminal charges.
While these penalties aren’t criminal in nature, they can be very serious and affect your life for many years to come.
What Defenses Can Be Raised if I’m Arrested for Gun Charges?
Getting arrested on gun charges can make you feel lost and upset. Many people don’t know where to turn when this happens, and it’s normal to wonder if there is anything you can do about your case, or if any defenses might help.
Here are several common defenses lawyers may use to protect your rights and freedom:
Unlawful Search and Seizure
Police are required to have a warrant or probable cause – or an exception – before searching your body, home, or any of your private belongings. If they violate this rule and find incriminating evidence, your lawyer should file a motion to suppress that evidence.
If successful, this means the prosecution cannot use this evidence in the case against you. If the evidence they found was a firearm, and now they can’t use that as evidence, it’s likely that your case will be dropped.
Lack of Knowledge or Possession
Simply being near a gun is not always enough to result in a conviction. The prosecutor must show you actually possessed it, meaning you had knowledge and control over it. If they find it on your person or in your belongings, it’s difficult to argue a lack of possession.
However, if they find it in a shared space, like a car you’re in or a house that you share with others, it’s more difficult for them to prove it’s yours. Your lawyer can argue that you didn’t know about it and had no control over the firearm.
License or Permit to Carry
Carrying or owning a firearm often comes down to paperwork. If you have a valid license or permit to carry firearms, this can be used to dispute the charges against you. Sometimes, the authorities make mistakes, and you can clear them up by showing that you were actually permitted to have a firearm.
Plea Deals and Alternative Resolutions
Not every case makes sense to take to trial. If the risk of conviction is high and the evidence is hard to challenge, your lawyer may try to negotiate a plea deal with prosecutors. The goal here is that you would plead guilty to a lesser offense, and they would agree to give you a lenient sentence in return. You never have to take a plea deal, but it’s always worth discussing with your lawyer.
The defense that is best for your case will be determined by your criminal defense lawyer, and they will gather any evidence needed to build your case.
Gun laws in Newburgh, New York, are complex and strictly enforced, and federal firearm charges can add another layer of difficulty. Even minor mistakes or misunderstandings may result in serious penalties. No matter how straightforward or complicated your case may seem, Larkin Ingrassia Criminal Defense Attorneys is prepared to handle it with skill and dedication.
If you are facing gun-related charges, contact our team today to schedule a free consultation with a Newburgh gun charges lawyer.