Man Charged with Criminal Possession of a Gun in Southeast, NY
Town of Southeast, Putnam County, NY - A Connecticut man was pulled over
in the Town of Southeast, Putnam County for traffic violation while driving
on Route 6. During the stop, the state troopers allege that they detected
marijuana prompting a search of the vehicle. Upon conducting the search,
it is further alleged that a loaded handgun was discovered.
The individual, a 21 year-old man, was subsequently charged with
Criminal Possession of a Weapon in the Second Degree (Penal Law 265.03) a class C
Unlawful Possession of Marijuana (Penal Law 221.05) a violation.
Penal Law Section 265.03- Criminal Possession of a Weapon in the Second Degree
Criminal Possession of a Weapon in the Second Degree is unquestionably
one of the most serious criminal charges that an individual can face in
New York State. Even if you have a permit from a different state, if you
possess a firearm without a license issued by New York State, you will
be charged with this crime.
For those who travel to New York from another state, it can be terribly
upsetting and impactful to learn that they may be found strictly liability
by restrictions imposed by the law.
A person is guilty of Criminal Possession of a Weapon in the Second Degree
(NY PL 265.03) when:
(1) with the intent or purpose to use the firearm (handgun, pistol, revolver,
etc.) you possess a (a) machine gun, (b) loaded firearm (loaded has a
much more liberal legal definition than bullets physically in a gun) or
(c) a disguised gun; or
(2) you possess more than five firearms (it can be different types such
as revolver, pistol, etc.) or
(3) you possess a firearm that is loaded (note: intent to use the firearm
unlawfully not a requirement for this subsection).
Also, as a general rule, it is not a felony if the possession is in your
home or place of business.
As a C class violent felony, New York Criminal Possession of a Weapon in
the Second Degree is punishable by a minimum of three and one half years
and up to fifteen years in state prison.
Although the statute is very clear and district attorneys zealously prosecute
these offenses, there are defenses that can be raised on your behalf.
Such defenses include, the legality of police search; whether the gun
was “loaded” as defined by the law; is the alleged possession
based on a legal presumption; and other mitigating circumstances.
criminal defense attorneys of Riebling, Proto & Sachs, LLP has successfully represented numerous
clients charged with illegal possession of firearms. If you are accused
of a crime involving weapons or firearms, Riebling, Proto & Sachs,
LLP will fight to protect your rights and freedom.
For a free consultation and to find out how our criminal defense lawyers
and former prosecutors can help you,
contact us immediately at (914) 946-4808 or online at www.rpslawyers.com.