NYC Weapons Charge Attorney
Mark I. Cohen is an experienced NYC weapons charge attorney who routinely handles gun possession and other weapon crimes in New York City (Manhattan, Brooklyn, Bronx, Queens, and Staten Island) and in New York State Courts.
New York City Weapon Crime Penalties
In New York, Criminal Possession of a Weapon can be charged as either a felony or a misdemeanor level crime.
Criminal Possession of a Weapon in the Fourth Degree (PL 265.01) makes it illegal for a person to possess various items, including: firearms, dart guns, stun guns, various types of knives, cane swords, billy clubs, blackjacks, bludgeons, plastic knuckles, metal knuckles, chukka sticks, sand bags, sandclubs, certain sling shots, shirkens or “Kung Fu stars.” Criminal Possession of a Weapon in the Fourth Degree is a class A misdemeanor. PL 265.01(a) criminalizes possession of a weapon on school grounds and PL 265.01(b) criminalizes the possession of any firearm. Both 265.01(a) and (b) are class E felonies.
Criminal Possession of a Weapon in the Third Degree (PL 265.02) is a class D violent felony offense which is charged when the accused has any criminal conviction on his or her record and possesses a weapon of any kind; any explosive or incendiary device; any defaced firearm; any large capacity ammunition device; any unloaded firearm used in a narcotics or violent offense; an assault weapon; or where the accused possesses three or more firearms outside of his or her home or place of business.
Criminal Possession of a Weapon in the Second Degree (PL 265.03) is a class C violent felony. The most common conduct charged under this section involves possessing a loaded firearm with intent to use it illegally against another person. Also outlawed by this section is the possession of a machine or a disguised gun. If the possession of a gun or firearm takes place in one’s business or home, PL 265.02 is the proper charge.
Criminal Possession of a Weapon in the First Degree (PL 265.04) is a class B violent felony. There are two possible scenarios where an individual can be charged with Criminal Possession of a Weapon in the First Degree. First, where the accused is alleged to possess an explosive substance with intent to use it and, second, when the accused illegally possesses 10 or more firearms.
For first offenders, Criminal Possession of a Weapon in the Fourth Degree (PL 265.01) carries a sentence of up to one year in jail. Criminal Possession of a Weapon in the Third Degree (PL 265.02) carries a mandatory minimum of 2 years in prison and a maximum of 7 years in prison for first offenders. Criminal Possession of a Weapon in the Second Degree (PL 265.03) carries a mandatory minimum of 3½ years in prison and a maximum of 15 years in prison for first offenders. Criminal Possession of a Weapon in the First Degree (PL 265.04) carries a mandatory minimum of 5 years in prison and a maximum of 25 years in prison for first offenders.
During his 28 years of New York City and New York State Criminal Defense practice, Mr. Cohen has mastered the procedural and substantive laws pertaining to criminal possession of a weapons offense.
- By retaining Mark I. Cohen, a defendant charged with a New York City or New York State Courts with a weapon offense can maximize the chances that:
- He or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
- He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
- He or she may be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
- He or she will be able to prevail at trial;
- He or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
- He or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison time possible.
If you have been charged with criminal possession of a gun or other weapon, you should contact Mark I. Cohen, an experienced NYC weapons attorney, to maximize your chances of preserving your freedom, reputation and assets.
Federal Weapon Charges
Mark I. Cohen is a highly experienced NYC federal weapons charge attorney who regularly defends weapons and guns offenses in the United States District Courts for the Southern District and Eastern District of New York and in the District of New Jersey.
Generally, United States firearms charges encompass a variety of offenses that involve the possession, brandishing, use, distribution and sale of weapons. While there are seemingly countless different federal firearm offenses federal prosecutors in the New York City metropolitan area most frequently charge offenses under 18 U.S.C. § 922(g) and 18 U.S.C. § 924(c).
18 U.S.C. § 922(g) makes it illegal for certain classes of people to possess firearms. Generally, federal law prohibits gun possession by convicted felons and/or fugitives, drug-addicted individuals, mentally ill persons, illegal aliens, domestic violence offenders with misdemeanor records for the same.
18 U.S.C. § 924(c) includes mandatory minimum sentences of incarceration for the possession and/or use of a firearm in relation to crimes of violence and drug trafficking crimes. Mandatory minimum sentences of incarceration that must run consecutively to the underlying violent or narcotics crimes charged start at five years and can be punished by as much as life in prison depending on factors such as the type of gun used, how the firearm was used, and the number of prior convictions an individual has. Furthermore, if a crime involves the possession and use of multiple firearms, sentences for each gun must run consecutively.
In related laws, 18 U.S.C. § 922(d) prohibits the sale or transfer of firearms to a prohibited person. 18 U.S.C. § 924(a)(A) punishes false statements made on records regarding the purchase of firearms and is a crime punishable by as much as five years in prison.
Generally, federal firearm convictions can result in lengthy prison sentences and fines. A sentence of incarceration can be greatly increased if the weapon is used or possessed in narcotics trafficking, racketeering (RICO), and Hobbs Act Robbery cases.
Contact An Experienced NYC Weapons Charge Attorney Today
Because of his 28 years of experience, by retaining Mark I. Cohen to defend you in a federal gun or weapons case, you maximize the chance that:
- you will be released from custody on the lowest possible personal recognizance bond;
- you will be able to suppress firearms illegally seized by the FBI, DEA, ATF, Secret Service or NYPD;
- you will be able to win a trial; or
- you will be able to obtain the best plea bargain possible should there be compelling evidence of guilt.
If you have been charged in a federal criminal case for the illegal possession, use, or sale of a gun, weapon or other firearms, you should contact Mark I. Cohen, an experienced NYC weapons charge attorney to maximize your chance to preserve your freedom.