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 felony.
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.
The 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 Proto, Sachs & Brown, LLP 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 Proto, Sachs & Brown, LLP the attorneys offer a free legal consultation on all matters. Do not delay in obtaining an attorney to protect your rights.