Q: Can I got to jail for my 1st gun possession 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
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
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