New York takes weapon possession very seriously, with many weapon possession charges carrying mandatory prison sentences if convicted. If you have been charged with weapons possession, it is important you consult with an expert criminal defense attorney as soon as possible. While your charge may carry mandatory incarceration, it is possible an experienced attorney will be able to have your charge reduced or dismissed depending upon the specific facts of your case. Here are three common misconceptions related to New York’s weapon possession laws.

Myths About Weapon Possession Laws in New York

1. You’ll Automatically Go to Jail

While New York has very strict laws related to weapons possession, you are not necessarily guaranteed prison time. Criminal possession of a weapon in the 4th degree is a misdemeanor that carries a maximum penalty of up to one year in local jail. Criminal possession of a weapon in the 4th degree is often charged if you are found with weapons that are not handguns, such as stun guns, gravity knives, switchblades, and plastic or metal knuckles. Your criminal defense attorney may be able to reduce such a charge to Disorderly Conduct, which is a violation, not a crime. 

2. It’s Impossible to Have Your Charge Reduced

If you are arrested for possession of a weapon in New York, it is often after a search of your person, vehicle, or home. There are often Constitutional questions associated with such searches, particularly with respect to vehicle and street stops.  An expert criminal attorney will look at the facts of your case to make sure the search was Constitutional. If your attorney believes it was not, he/she will move to suppress the gun. This can often lead to reduction or dismissal. 

3. Your Location When Found With a Weapon Does Not Matter

Many people think that if they are found in possession of a weapon, the location of their arrest is inconsequential to the ultimate charge. However, if you are found with a loaded weapon in a home or place of business, you may have a defense. Moreover, if the weapon is not found on your person, but rather somewhere else, particularly in a car, the government will have to prove you had access to it and/or knew it was there. This is called “constructive possession”.

If you are facing possession of a weapon case in the state of New York, you should contact a criminal defense attorney. Thomas A. Corletta, Attorney at Law, who is located in Monroe County, has been practicing criminal law for nearly 40 years. Personally handling every case, he uses his expert knowledge to give his clients the strong defense they deserve. Call (585) 546-5072 or visit his website for a consultation with a criminal defense attorney.