There are several types of gun charges in New York State pertaining to
handguns but the most common type of gun charge is
Criminal Possession of a Weapon where an accused possess a handgun outside of their home without the proper
license in New York State. This charge is a serious
Criminal Possession of a Weapon
This is a felony charge that upon a conviction can result in a State prison
sentence. It is important to hire a top
criminal defense attorney knowledgeable in the New York State gun laws and the available defenses.
Criminal Defense of a Gun Charge
The most important element for a proper defense is any violation of an
accused constitutional rights including Miranda Rights and Search and
Seizure rights of an accused. Many times police officers act on a "gut"
instinct that an accused is in possession of a weapon and will claim to
have viewed a "bulge" in a waistband that could be a gun or
that an accused was in a "hig crime" area to justify what would
otherwise be an illegal search. The top
criminal defense lawyers will attack claims made by the police to attempt to have the weapon suppressed
and not allowed into evidence thereby resulting in a dismissal of the
criminal felony charge of Criminal Possession of a Weapon.
Westchester County Criminal Possession a Weapon Charge Dismissed
The law office of Riebling, Proto & Sachs successfully challenged the
arrest, search and seizure of a client charged with possining a loaded
9mm handgun. The police and the District Attorney's Office could not
prove that the police did not violate the accused rights as it was shown
that there was no probable cause to conduct the search of client's
gym bag he was carrying in his car.
After arguments to the Court the Judge dismissed the charge leaving a simple
no point traffic violation. An aggressive criminal defense lawyer will
investigate the smallest facts of every case to exploit a weakness in
a criminal charge to have a criminal charge dismissed.
At the law offices of Riebling, Proto & Sachs the attorneys offer a
free legal consultation on all matters. Do not delay in obtaining an attorney to protect your rights.