Manhattan criminal defense attorney Russ Kofman (https://www.lebedinkofman.com/criminal-possession-of-a-weapon-in-the-second-degree-265_03/) of Lebedin Kofman LLP provides an in-depth analysis of New York Penal Law § 265.03, which governs criminal possession of a weapon in the second degree. This law outlines several circumstances under which an individual may face felony charges for possessing a firearm. A conviction under this statute carries severe penalties, making it critical for those accused to understand their legal rights and options.
NYPL § 265.03 applies to individuals who knowingly possess a loaded firearm with the intent to use it unlawfully against another person, possess five or more firearms, or have a machine gun or disguised gun. Manhattan criminal defense attorney Russ Kofman emphasizes that this charge is classified as a class C felony, meaning those convicted could face significant prison sentences, fines, and post-release supervision. Because of the law’s complexity, Kofman advises individuals to seek legal representation immediately if charged under this statute.
Understanding the specifics of what constitutes a violation of NYPL § 265.03 is critical. Manhattan criminal defense attorney Russ Kofman explains that possession can be either actual, where the weapon is physically on the person, or constructive, meaning the individual has control over the location where the firearm is found. This distinction plays a crucial role in legal defense strategies, as the prosecution must prove beyond a reasonable doubt that the accused knowingly possessed the weapon.
Under NYPL § 265.03, an individual may be charged with criminal possession of a weapon in the second degree under three main conditions. The first is if the person possesses a machine gun, a loaded firearm, or a disguised gun with intent to use it unlawfully against another person. The second condition applies to anyone found in possession of five or more firearms, regardless of intent. The third involves the possession of a loaded firearm, unless it is kept in one's home or place of business under legally allowed circumstances.
Russ Kofman highlights that the law provides certain exceptions. If an individual possesses a loaded firearm inside their home or business, they may not be charged under this section unless additional unlawful conditions apply. However, the firearm must be operable, meaning it can discharge ammunition. Notably, an individual’s knowledge of whether the weapon is operable is not required for prosecution.
One notable case that illustrates the application of NYPL § 265.03 is People v. Garcia. In this case, George Garcia was convicted after an altercation outside a nightclub where he retrieved a loaded firearm from his vehicle. Despite possessing a gun license from Utah, his intent to use the weapon unlawfully and his possession of the loaded firearm in New York led to a conviction.
Russ Kofman points out that such cases underscore the importance of understanding how possession laws vary by jurisdiction. Even if someone legally owns a firearm in another state, bringing it into New York and possessing it under prohibited circumstances can lead to serious criminal charges.
Individuals accused of criminal possession of a weapon in the second degree may have several potential defenses. According to Manhattan criminal defense attorney Russ Kofman, some of the most effective legal arguments involve unlawful search and seizure, temporary and lawful possession, and possession within a home or business.
If law enforcement violated the defendant’s Fourth Amendment rights during a search, the evidence could be suppressed, leading to a dismissal or reduction of charges. If the defendant can demonstrate that possession of the firearm was only temporary and with the intent to surrender it to authorities, they may be able to avoid conviction. If the firearm was legally possessed inside the individual’s home or business, they may be protected under specific provisions of the law.
Because criminal possession of a weapon in the second degree is classified as a class C felony in New York, the penalties upon conviction are severe. A prison sentence can range from a minimum of 3.5 years to a maximum of 15 years. In addition to incarceration, those convicted may face fines of up to $5,000. A mandatory period of post-release supervision, typically lasting between 2.5 to 5 years, is also imposed.
The severity of the sentence may depend on factors such as the defendant’s criminal history, the type of weapon involved, and the specific circumstances of the case. Russ Kofman urges individuals facing these charges to seek legal representation immediately to explore potential defense strategies and mitigation options.
Being charged with criminal possession of a weapon in the second degree can have life-altering consequences. Russ Kofman of Lebedin Kofman LLP stresses the importance of having strong legal representation to protect one's rights and build a solid defense. The firm can provide a thorough case evaluation and work to challenge evidence, suppress unlawfully obtained weapons, and advocate for reduced charges where possible.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a Manhattan-based law firm dedicated to providing skilled legal defense for individuals facing criminal charges. The firm can handle a range of cases, including weapons charges, white-collar crimes, and other serious offenses. With a client-focused approach, the attorneys at Lebedin Kofman LLP can work tirelessly to protect the rights of those accused of crimes in New York.
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