Gun Charges
New York State is home to some of the most stringent gun laws in the country. A gun-related charge in New York can lead to severe consequences, including hefty fines, lengthy prison sentences, and a permanent criminal record. Whether it’s a case of illegal possession, concealed carry without a permit, or using a firearm in the commission of another crime, these charges demand swift and skillful legal intervention.
At Hacker Murphy, we understand the complexities of New York’s firearm laws and how deeply a gun charge can impact your life. Our team is here to guide you through the legal process, protect your rights, and build the strongest possible defense.
Common Gun Charges
New York’s gun laws fall under the New York Penal Law, Article 265, which governs the possession, use, and sale of firearms and other weapons. Common charges include:
- Criminal Possession of a Weapon in the Second Degree
- This charge applies when someone knowingly possesses a loaded firearm outside their home or place of business without proper licensure. It is a Class C felony and carries severe penalties, including up to 15 years in prison.
- Criminal Possession of a Weapon in the Third Degree
- A Class D felony, this charge typically involves individuals with a prior criminal conviction found in possession of a firearm, or possession of three or more firearms.
- Unlawful Possession of a Firearm
- This applies to possessing a firearm without a valid permit. Even first-time offenders may face fines, jail time, and the loss of eligibility for future gun ownership.
- Possession of a Weapon on School Grounds
- Bringing a firearm onto school grounds is strictly prohibited under New York law, even if you possess a legal permit elsewhere.
- Use of a Firearm in the Commission of a Crime
- A separate charge that compounds the penalties of the underlying offense.
- Illegal Sale or Transfer of Firearms
- This includes selling firearms without a license, knowingly transferring a firearm to someone unqualified, or trafficking firearms.
Consequences
Gun charges in New York are prosecuted aggressively. Convictions can result in:
- Lengthy prison sentences: Many gun crimes carry mandatory minimum sentences, even for first-time offenders.
- Steep fines: Fines can reach tens of thousands of dollars, depending on the charge.
- Loss of gun rights: A conviction may result in a permanent prohibition on firearm ownership.
- Collateral consequences: Employment, housing, and immigration status may be negatively impacted by a gun-related conviction.
Because New York’s laws are unforgiving, even honest mistakes—like unknowingly carrying a firearm across state lines into New York without a valid permit—can lead to criminal charges.
Aggressive Defense for Serious Charges
A gun charge is a serious matter, but the right legal representation can make all the difference. The attorneys at Hacker Murphy have extensive experience defending clients charged with firearm-related offenses. We understand how to scrutinize every aspect of your case, from the legality of the search and seizure to errors in law enforcement procedures.
Our defense strategies may include:
- Challenging unlawful search and seizure: If law enforcement violated your Fourth Amendment rights during the arrest, we will fight to suppress any evidence obtained illegally.
- Establishing lack of intent: Many gun charges require proof that you knowingly possessed or used the weapon.
- Filing for reduced charges: We will negotiate with prosecutors to seek lesser charges or penalties whenever possible.
- Securing permits or licenses: In some cases, we can assist in resolving your case administratively, helping you comply with licensing requirements to avoid criminal prosecution.
At Hacker Murphy, we bring decades of experience to defending individuals against firearm-related charges in New York. Our firm is known for its professionalism, compassion, and dedication to achieving the best possible outcomes for our clients. Whether you’re facing a first-time misdemeanor or a complex felony case, we will stand by your side every step of the way.
Why Choose Hacker Murphy?
- Expertise in New York Firearm Law: Our attorneys are well-versed in the nuances of New York’s gun laws and have a proven track record of success in defending firearm cases.
- Compassionate Advocacy: We understand the stress and fear that come with criminal charges and work to ease the burden on you and your family.
The sooner you secure legal representation, the stronger your defense will be. Contact Hacker Murphy today for a free case evaluation. We’re here to fight for your rights and protect your future.