Criminal Possession of Weapon Charges Dismissed

Misdemeanor Criminal Weapons Charges Dismissed in New Rochelle City Court

After a lengthy and aggressive defense, the criminal defense lawyers of Proto, Sachs & Brown, LLP were successful in obtaining a dismissal of all charges filed against our client in the New Rochelle City Court.

Our client was one of four individuals arrested after their motor vehicle was stopped by police responding to a 911 call complaining that a hand gun was being pointed out of the car's window. While no hand gun was found by the police during the search of the car, they did find a pair of brass knuckles on the rear seat of the motor vehicle. Under the law, possession of brass knuckles is a crime under Penal Law Section 265.01- Criminal Possession of a Weapon in the Fourth Degree (Class A Misdemeanor).

While none of the four people in the car were actually holding the weapon at the time the car was stopped or at the time of its discovery, all four were charged pursuant to the "automobile presumption" which permits the police to arrest and charge passengers of a motor vehicle with the crime of possession simply due to the fact that the weapon was found within the motor vehicle where they were seated just prior to the discovery of the illegal item. The automobile presumption has been used in the past to justify the arrests of countless people in "possession cases" involving weapons, controlled substances, marijuana, etc.

The dismissal was obtained after a thorough investigation revealed evidence demonstrating that our client was not ever in possession of the brass knuckles and had not engaged in any illegal activity.

Youthful Offender Status

Under the law of New York State, a Youth Offender is defined as someone being at least sixteen years old and less than nineteen years old. An individual who is eligible to be adjudicated a Youthful Offender will have their criminal record sealed and any criminal conviction will not be recorded as a crime on that person's record.

In this particular case, our client was Youth Offender eligible and several offers were made by the Westchester District Attorney's Office which required our client to enter a guilty plea and have the record sealed. However, based upon the information obtained during the investigation and after lengthy consultation with our client all offers requiring our client to enter a plea of guilty were rejected. Ultimately, all the charges were dismissed to the satisfaction of our client.

Call for a Free Consultation

Finding an experienced and aggressive criminal defense attorney soon after someone is arrested or charged with a crime can make all the difference in protecting that person's rights and interests. Contact Proto, Sachs & Brown, LLP for a free consultation and find out how our criminal defense lawyers can help you.