Unlawful Possession of a Firearm in New York

If someone is charged with the unlawful possession of a firearm in New York, they can expect to be arrested and likely indicted. Depending on where the individual was at the time of their arrest, bail could be set as if it is a gun case. An experienced gun possession attorney could help the accused prepare for the severity of the case and the prosecution in your case. 

What is the Legal Definition of Possession?

Possession is a term that applies to more than holding a firearm on their person. If the cops can link a particular location to a person and show that they are the individual who exercised dominion and control over the location where a firearm is found, then they can potentially have the person convicted of possession of a weapon.

Defining Unlawful Possession Offenses

Some gun owners are not aware that their permit does not allow them to bring their weapon into the city, so those people might be convicted of some sort of weapons offense without knowing it.

Generally speaking, individuals get convicted of illegally possessing guns when the NYPD catches them in either actual or constructive possession of a firearm. 

Finding a gun on the individual's person or in their automobile could be considered unlawful possession of a firearm in New York. The individual could face the associated consequences if they are deemed to be in enough control that possession can be attributed to them.

What Are the Penalties for Unlawful Possession?

Unlawful possession of a firearm in New York is a felony offense. Someone could face probation or jail time if convicted. Occasionally, a person can get into a program in lieu of jail time to try and straighten their life out. If someone faces their first offense for unlawful possession, prosecutors may be more lenient and allow them to enroll in a life skills program to help reduce recidivism.

If a person is caught with a gun and is convicted, the penalties tend to be harsh, especially if they are in a borough that is associated with heightened gun violence. Judges tend to view these cases seriously and one can expect not only incarceration but also a stigma when they get out that will make it difficult to get a job or to continue or go back to school or to do a lot of the day-to-day things that most people take for granted. 

These endeavors become difficult for someone with a felony, especially a violent felony on their record. Therefore, it could be critical to speak with an attorney regarding the charges against you.