New York City Administrative Code §10-131 prohibits the possession of common items which are lawful in most other parts of New York State and the Country. As a criminal defense attorney with experience in so many different weapons offenses I see many clients who innocently bring these items into New…
Articles Posted in WEAPONS OFFENSES
NEW YORK GUN CRIMES – CRIMINAL POSSESSION OF A WEAPON IN THIRD DEGREE
New York criminal defense lawyers, especially those that handle New York gun possession cases, know that New York has some of the most onerous laws restricting the possession, ownership and use of weapons of all types. This blog presents a brief overview of Criminal Possession of a Weapon in the…
NEW YORK CRIMINAL POSSESSION OF A WEAPON – FOURTH DEGREE
Criminal Possession of a Weapon in the Fourth Degree (CPW 4th) is a class “A” misdemeanor in New York punishable by up to one year in jail. There are several ways one can commit the crime of CPW 4th. (There are also exemptions to the statute which will be discussed…
CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE – SWITCHBLADE KNIFE.
“Switchblade Knife” is defined in New York as any knife that has a blade which opens automatically by hand pressure applied to a button, spring or other device within the knife’s handle. (For the exact definition of “Switchblade Knife” see NY Penal Law § 265.00(4)). It is an “A” Misdemeanor…
NEW YORK’s VEHICLE PRESUMPTION – NEW YORK DRUG AND NARCOTICS CASES – Marijuana Not Included Part II
As discussed in the previous blog, under certain circumstances, all occupants of a vehicle can be presumed to possess drugs, guns or other weapons found within the vehicle. We also discussed the effect of the presumption on the New York criminal case and went into some detail about the presumption…
NEW YORK’s VEHICLE PRESUMPTION – KNOW WHO YOU’RE IN THE CAR WITH (AND WHAT THEY HAVE) Part I
New York Criminal Law establishes a presumption that all people in a vehicle are presumed to possess either drugs or guns that are found within the vehicle. What that means is that in New York each and every person inside a car will generally be charged with gun possession or…
NEW YORK FIREARMS AND OTHER WEAPONS CHARGES – PART III – ADDITIONAL DEFINTIONS
If you are charged with a New York gun or New York firearm offense it is imperative that your criminal defense attorney be completely familiar with the legal definitions of relevant terms. These definitions are found in New York Penal Law § 265.00. In this blog I will summarize several…
NEW YORK FIREARMS AND OTHER WEAPONS CHARGES – PART II – MACHINE GUN
In the introduction of my series of blogs pertaining to firearms, gun possession and other weapons charges, I discussed the need for experienced and competent legal representation. I also explained that Tilem & Campbell’s Senior Partner Peter Tilem was formerly an Assistant District Attorney in Manhattan and worked extensively in…
NEW YORK FIREARMS, GUN POSSESSION AND OTHER WEAPONS OFFENSES – INTRODUCTION
If you have been charged in New York or in Federal Court with any type of gun possession, firearm offense or other offense involving weapons or dangerous instruments, you must have qualified and experienced legal representation. The stakes are high. In New York, simply possessing a loaded, operable, unlicensed firearm…
NEW YORK CRIMINAL DEFENSE FIRM WINS ANOTHER DISMISSAL IN NEW YORK GUN CASE
New York Criminal Defense Law Firm, Tilem & Campbell, scored another major victory in a New York gun case when it won a complete dismissal of all charges in a Bronx County case yesterday using a federal defense under the Firearm Owners Protection Act (FOPA). The original charges included Criminal…