Buffalo, NY asked in Criminal Law for New York

Q: Can I got to jail for my 1st gun possession in New York.

Related Topics:
3 Lawyer Answers
Michael J Stachowski
Michael J Stachowski
Answered
  • Criminal Law Lawyer
  • Buffalo, NY
  • Licensed in New York

A: Yes. PL 265>3 is a C Violent felony for possessing a loaded gun outside of the home or office. That is very serious a month does not go by when I don't have 2-5 new gun cases retain my services. There are many things a skilled defense attorney can do to get a better plea or perhaps suppress the seizure of the gun. The Mandatory sentence is 3 1/2 years or more. A plea down can give the judge options including probation. It is Important to discuss every fact with a skilled defense lawyer so you know the strength of the case and your options. There are also ways to defend constructive possession or to litigate DNA issues. This area is complex and requires a skilled professional If you are to avoid Jail.

Benjamin Ostrer agrees with this answer

Benjamin Ostrer
Benjamin Ostrer
PREMIUM
Answered
  • Criminal Law Lawyer
  • Chester, NY
  • Licensed in New York

A: Criminal Possession of a Weapon in New York has a number of different sections. For misdemeanor possession (in your home without a prior criminal conviction) CPW 4th degree would not require a jail sentence. CPW 2nd degree (possession of an operable handgun outside of your residence or business) is a "C" violent felony with a mandatory prison sentence for even a first offense. You should consult with an experienced attorney in your area.

Victor M. Feraru agrees with this answer

Victor M. Feraru
Victor M. Feraru
Answered
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

A: My learned colleagues are correct. Which area of New York is the charge pending?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.