Building a New York Gun Defense

If you have been charged with a firearm offense in New York, you may want to seek the services of a seasoned gun lawyer who is experienced in building a New York gun defense. New York gun laws are among the strictest in the nation and when someone is accused of violating one of them, they could be facing harsh penalties. This is why it is essential that you call an experienced attorney as soon as possible. The sooner a lawyer is contacted, the sooner they can begin building a defense for your case.

Common Defense Strategies

One of the most common defense strategies used is that the defendant did not know the gun was where it was found or they were not in possession of the firearm. Sometimes, the attorney is forced to argue that the gun was planted by the police to make an arrest. This defense is more commonly used with people who may have a criminal history. When someone is deemed to be a troublemaker in the neighborhood, there are situations where the police may do whatever is necessary to get them off the street. If this is the case, then the lawyer can argue that the police were the ones who were violating the law.

Prosecutor’s Burden of Proof

Each gun charge is unique to the specific facts. When one has a possession charge, the standard baseline that a prosecutor is required to prove is that they were in knowing and unlawful possession of a firearm. As the charges get more serious, other factors must be proven such as the intent to use the gun, whether the gun is loaded, whether the gun is outside of the home or place of business, or whether there are multiple guns. The aggravating factors and additional elements are always coupled with knowing and unlawful possession.

When trying a gun case, the prosecutor must prove that the individual knew they were in possession of a firearm, the firearm was not legal in the location where it was possessed, and the person had actual possession. It is not enough that a person knows there is an illegal gun somewhere nearby, the prosecutor must prove that the defendant was in possession of the gun.

Defining a What a Firearm is in New York

The terms gun and firearm are typically used interchangeably. A gun is basically a mechanical device capable of firing a shot. One major factor with a gun or firearm concerns its operability. When something is alleged to be a firearm and is recovered by law enforcement in New York, it is sent to the New York City ballistics lab for an operability test. If the item comes back as inoperable for whatever reason, it is not technically a firearm and a case can be dismissed because the gun is not capable of firing a shot. A gun or firearm is an operable item capable of firing a shot.

How New York Gun Lawyers Prepare Defendants

In some circumstances, a New York gun lawyer prepares the defendant by going through potential testimony with them. Sometimes in gun trials, it is necessary to have the defendant testify to explain what happened. The person may need to testify to disprove one of the material elements of the trial. They could testify that they did not know about the presence of the gun, did not have it, or have a permit for the gun and the police ignored that fact.

When building a New York gun defense, the attorney reviews the circumstances as alleged by the prosecutor in terms of the possession to develop cross-examination questions. Sometimes, the attorney will negotiate with the prosecutor to see what can be done in terms of plea negotiations after the defense attorney discovers some favorable information and provides it to the prosecutor.

A New York Gun Attorney Could Help

A person should hire an attorney to help them prepare a gun charge defense because a top attorney knows the best way to prepare a defense to these types of charges. They understand that the nuances of gun law and the facts of the specific gun charge are important because different charges have specific elements. When there are defenses to certain elements of the charge, the individual needs an attorney who understands that not every gun charge or gun trial is the same. Therefore, contacting a knowledgeable lawyer who is capable of building a New York gun defense is crucial.