Firearm Charges: Aggressive Defense For New York Gun Crimes

A conviction for criminal possession of a gun can carry serious penalties. Additionally, using a gun while you are committing a crime can make the consequences much worse if you are convicted. My name is Rob Singer, and I have over 20 years of criminal law experience.

My firm, Singer Legal PLLC, is located in Williamsville. I represent clients in Erie County who have been accused of gun crimes. A former federal prosecutor, now I serve as a criminal defense lawyer in state and federal court.

Understanding Gun Crimes In New York

New York has some of the strictest gun laws in the country, which means there are many ways a person can face a serious gun crime charge. The most common charges fall under criminal possession of a weapon. These are classified into different degrees, ranging from misdemeanors up to violent felonies.

A key factor is whether you possessed the gun without a proper license, especially outside your home or place of business. Other common charges involve possessing weapons prohibited by the New York SAFE Act, like certain assault weapons or high-capacity magazines.

The law also heavily penalizes the unlawful sale or trafficking of firearms. However, I know that sometimes the police overcharge these cases. When you hire me, I carefully investigate the details of your arrest, focusing on the type of weapon involved and the exact circumstances of the alleged possession to build a strong defense.

Using A Gun When Committing A Crime

Using a gun while committing another crime will make your entire case more serious. The law treats the presence of a firearm as a sentencing enhancement. This means that your potential prison time automatically increases, beyond the penalty for the underlying crime. Common underlying crimes include:

• Robbery
• Assault
• Drug distribution or trafficking

If you are convicted of committing a violent felony while merely possessing a gun, you face a minimum of five years added to your sentence. If you discharge the weapon, the penalty can jump even higher. Prosecutors see the use of a gun as a significant aggravating factor. This means that if a gun is involved, they will often pursue the maximum penalty allowed under the law.

Understanding The Difference Between Federal And State Gun Charges

State charges are based on New York Penal Law and investigated by local law enforcement and prosecuted by state prosecutors. Federal charges, however, are based on the violations of U.S. Code and usually involve crimes crossing state lines, like firearm trafficking or possession by individuals prohibited from owning a gun such as convicted felons.

Federal court is generally tougher. Federal sentences are based on rigid guidelines and often include mandatory minimum prison time, which leaves the judge with little flexibility.

As a former federal prosecutor who provides criminal defense representation in both systems, I understand when a state charge might turn federal and can defend you in either court.

Can State Gun Laws Override Federal Laws?

No, a state law cannot override a federal law. Federal law represents the minimum standard for gun regulation across the United States. According to our Constitution, if there is a direct conflict between a federal law and a state law, the federal law will always prevail.

However, states like New York can, and often do, make their own laws stricter than federal law. For example, federal law has certain rules about who is prohibited from owning a gun. New York has created its own complex licensing requirements that are far more restrictive for everyday possession. This means you must comply with both sets of laws.

What Are The Defenses For Felony Gun Possession Crimes?

Facing a felony gun possession charge in New York is terrifying because the penalties are so severe. However, there are powerful defense strategies. These include:

• Challenging the constitutionality of the police action: If the police did not have a legal reason to stop you or your car, or if they conducted an unlawful search and seizure, I can file a motion to suppress the weapon as evidence. Without the gun, the prosecutor cannot move forward with the charge.
• Disputing possession: Another major defense involves disputing possession. If the gun was found in a shared space such as a vehicle with passengers or a multitenant apartment, I argue that the prosecution cannot prove the gun was actually yours or that you even knew it was there.

These cases require meticulous attention to detail. As a seasoned criminal defense attorney, I scrutinize every police report and piece of testimony. My goal is to find critical flaws that can lead to a dismissal or a much-reduced charge.

Consult A Williamsville Gun Crime Defense Lawyer

If you have been charged with a gun crime in state or federal court, you have serious challenges ahead. However, as your gun crime defense attorney, you do not have to go through these challenges alone. My goal is to help you understand the charges against you, mitigate harsh sentencing enhancement and fight for a fair outcome that recognizes you as an individual, not just a charge.

To schedule an appointment with me, you can call my office at 716-222-3288. You can also reach out to me by sending a message through my website. Let me help you fight back.