As a result of the mass shootings and random acts of violence across the country, New York, like many other states, is taking a zero-tolerance approach to anyone who unlawfully possesses or uses a gun. For this reason, prosecutors have been cracking down on those found guilty of such crimes by recommending very harsh sentences. If you are facing gun-related criminal charges, in state or federal court, it is critical that you contact an experienced gun crimes defense attorney to represent you.
Firearms and Weapons Offenses
As a former prosecutor, I have worked both sides of these cases and have the experience to aggressively defend your case. Penalties for the possession of a weapon or firearm and related offenses vary depending on the facts and evidence of a particular case. A conviction for criminal possession of a weapon in the 4th degree can result in a sentence of up to one year in jail, as opposed to violent crimes involving the use of firearms which can result in a sentence up to life in prison.
Under federal law, you may be facing consecutive mandatory sentences for having a firearm, ranging from 5 years to 10 years (or more), in furtherance of a crime of violence or drug trafficking offense.
Violent crimes encompass a wide range of offenses, including homicide (murder, manslaughter, and criminally negligent homicide), robbery, rape, and assault, and typically carry the harshest sentences, many of which mandate lengthy prison and/or life sentences. It is important to have an aggressive criminal defense attorney when you could be facing the rest of your life in prison.
The most common defense is self-defense which is the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor. Other common defenses against a violent felony charge include:
- Defense of others
- Accident or Mistake
- Insanity or Diminished Capacity