Factors Impacting New York City Gun Law Penalties
Gun penalties are severe in New York and there are numerous factors that can enhance the penalties that an individual is facing. The average gun case is a serious felony offense, regardless of the level of the charge. Usually, the district attorney’s office assigns experienced prosecutors to handle gun cases, especially when the gun is loaded.
A seasoned gun lawyer will know about the many factors impacting New York gun law penalties and how they apply to your specific situation. If you have charged with a gun offense or would like to know more about New York gun penalties, seek the services of an attorney today.
How the Circumstances of the Arrest Impacts the Penalties
The biggest factor impacting New York gun law penalties considered by the district attorney’s office is how the gun was used and the circumstances of the arrest. If the individual is arrested for smoking marijuana and a gun is found on them during the arrest, that is considered serious but less serious than if a person robs a store while points a gun at people. If a gun is fired at someone, then that raises the crime to another level. When someone is hit by a gunshot, then the offender could be facing enhanced penalties.
Another thing that is considered in a gun case is whether the person has a history of gun possession charges. Also, a gun offense will be more serious if the gun was loaded at the time of the arrest.
Maximum Penalty for Gun Offenses
Each felony class has a minimum and maximum range. If someone is charged with a Class C felony for gun possession, the penalty is three and a half to 15 years in prison. The defendant cannot be sentenced to more than 15 years or less than five years in prison if they are convicted at trial. An accomplished lawyer, however, could negotiate a plea deal to lower the sentence. Depending on the actual firearm charges, there is a window of what a judge can sentence and they are required to sentence within that window.
Location of the Firearm Impact on Penalties
Another one of the factors impacting New York gun law penalties is the geographic location of the arrest. For instance, if a person has a gun inside their home or place of business, the charge will be less serious than if they had it out on the street.
The location of where the person is found carrying the gun considered by the prosecutor when determining the plea negotiation. If a person is carrying a gun in a high crime area while wearing all black and a mask, it will be considered different than someone who leaves a place where they can reasonably expect to not encounter trouble.
Contact a Seasoned Lawyer for Assistance Today
If you are facing gun penalties, consult with a well-trained attorney today. A lawyer will be well-versed on the factors impacting New York gun law penalties. They will also be able to help you understand your options and could stand by your side and fight for you throughout the legal process.