WEAPONS OFFENSES Category Archives — Page 7 of 8 — New York Criminal Attorney Blog Published by White Plains, New York Criminal Defense Lawyers

NEW YORK LAW FIRM SCORES ANOTHER MAJOR VICTORY IN NEW YORK GUN CASE

March 20, 2010 | Jasmine Hernandez

New York criminal defense law firm Tilem & Campbell scored a major victory in another New York gun case, this one involving a loaded pistol at LaGuardia Airport. The client, was arrested in LaGuardia airport after he attempted to check a loaded pistol in at the airline ticket counter. The ticket agent called police who arrested him and charged him with Criminal Possession of a Weapon in the Second Degree under New York’s relatively new gun law that requires a mandatory minimum of 3 1/2 years in prison for possession of a loaded firearm. The passenger who was in New York on business had a license for the pistol; from another state which was not valid in New York State.

The case was resolved last week when the client pled guilty to Disorderly Conduct which is not a crime in New York State and paid $370 in fines and Court costs. The felony charge was dismissed and the client will have no criminal record as a result of the reduction.

Cases such as this are common in Queens which has two busy airports within its borders. Gun laws are very different in New York than they are in most other places in the United States so unsuspecting, law-abiding citizens often get caught in New York transportation hubs such as the local airports.

New York City Mace Issue Has Sparked Interest

October 5, 2009 | Jasmine Hernandez

Our July 15, 2009 blog on the Auxiliary Police Officer arrested for possession of Mace has sparked tremendous interest with many calling our firm or writing in about the issue and many wanting to find out how to obtain a New York City permit for mace. Some have contacted us about there failed efforts to obtain information about the permit from the New York City Police Department. The regulations are summarized in our May 24, 2009 blog. So I leave it to you; if any one knows how to obtain a New York City permit for mace, please comment to this blog, or contact Tilem & Campbell with the information. I will publish the results in a future blog.

NEW YORK CITY AUXILIARY COP ARRESTED FOR MACE

July 15, 2009 | Tilem & Associates

As outlined in our May 24, 2009 blog New York City bans certain items that are legal other places in New York State and most other places in our Country. New York City Auxiliary Police Officer Alexander Gonzalez found that out the hard way when he was arrested, while on duty, in Manhattan for possession of mace. Mace is one of those items which is illegal in New York City but was made legal in New York State in 1996.

New York City Auxiliary Police Officers are neither police officers or peace officers under New York Law and therefore are not entitled to possess any weapons that civilians are not also entitled to possess. Senior partner, Peter H. Tilem was interviewed for an article written about the case today.

Tilem & Campbell handles a large number of gun and weapons charges in New York and has seen an increase in overly aggressive enforcement of minor weapons violations in New York City for items such as Mace and knives.

New York City Bans Items that are Common and Lawful Most Other Places in New York State and in the Country.

May 24, 2009 | Jasmine Hernandez

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 York City and find themselves facing extremely serious criminal charges.

A brief list of the items banned in New York City is as follows:

1. Air Pistols and Air Rifles. The Sale and possession are illegal in New York City pursuant to 10-131(b).

NEW YORK GUN CRIMES – CRIMINAL POSSESSION OF A WEAPON IN THIRD DEGREE

April 15, 2009 | Tilem & Associates

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 Third Degree (CPW 3rd) (See NY Penal Law 265.02).

There are several ways one may commit CPW 3rd. First, a person is guilty of CPW 3rd in New York if they commit the crime of Criminal Possession of a Weapon in the Fourth Degree (CPW 4th) and have been previously convicted of any crime. [See Penal Law 265.02(1) for exact wording] .

Second, one is guilty of CPW 3rd if they possess any incendiary or explosive bomb, bombshell, silencer, machine gun or any other firearm or weapon simulating a machine-gun and which is adaptable as a machine gun. [See Penal Law 265.02(2) for exact wording] .

NEW YORK CRIMINAL POSSESSION OF A WEAPON – FOURTH DEGREE

April 2, 2009 | Jasmine Hernandez

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 in future blogs). If you have been charged with a weapons offense, you need experienced criminal defense attorneys to defend you.

One is guilty of CPW 4th if he or she possesses any: (1) firearm; (2) electronic dart gun; (3) electronic stun gun; (4) gravity knife; (5) switchblade knife; (6) pilum ballistic knife; (7) metal knuckle knife; (8) cane sword; (9) billy; (10) blackjack; (11) bludgeon; (12) plastic knuckles; (13) metal knuckles; (14) chuka stick; (15) sand bag; (16) sandclub; (17) wrist-brace type slingshot or slungshot; and (18) shirken or “Kung Fu star”. [See NY Penal Law 265.01(1)].

One is also guilty of CPW 4th if he or she possesses any of the following weapons with

CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE – SWITCHBLADE KNIFE.

February 8, 2009 | Tilem & Associates

“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 to possess a switchblade knife (Penal Law § 265.01(1) – Criminal Possession of a Weapon in the Fourth Degree). However, it is not a crime to possess a switchblade knife if it is for use while fishing, hunting or trapping and you have a valid license to fish, hunt or trap issued pursuant to section 11-0713 of the New York Environmental Conservation Law (See Penal Law § 265.20(a)(6).

Although not stated in the statute, in order to be convicted in New York of illegally possessing a switchblade knife, you must “knowingly” possess the knife (See Model Jury Charge for Criminal Possession of a Weapon in the Fourth Degree (CJI 2d N.Y. Penal Law § 265.01(1); People v. Ford, 66 N.Y.2d 428, 440, 497 N.Y.S.2d 637).

NEW YORK’s VEHICLE PRESUMPTION – NEW YORK DRUG AND NARCOTICS CASES – Marijuana Not Included Part II

December 20, 2008 | Jasmine Hernandez

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 as it applies to New york gun cases and New York Weapon cases.

Now we discuss the vehicle presumption as it applies to New York controlled substance cases. With certain drug possession offenses carrying a mandatory minimum of eight years, the stakes are very high when traveling in a vehicle with someone who may possess illegal drugs. Similar to the gun presumption, New York’s drug presumption applies to all vehicles except public buses (it applies in stolen vehicles unlike the gun presumption). According to a strict reading of the statute, the drug presumption applies to all persons in the vehicle at the time the drugs are found. Since generally the police take all of the occupants out of the vehicle, I would argue that in such a case the presumption does not apply.

Like the gun presumption, the drug presumption does not apply in three circumstances. The presumption does not apply to a cab driver or livery cab driver. It does not apply if a person in the vehicle is authorized to possess the controlled substance (has a prescription for the drug) and the drug is in the same packaging as when he received it. The presumption also does not apply when the drugs are found on the person of one of the occupants.

NEW YORK’s VEHICLE PRESUMPTION – KNOW WHO YOU’RE IN THE CAR WITH (AND WHAT THEY HAVE) Part I

December 17, 2008 | Jasmine Hernandez

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 drug possession for contraband that is found anywhere in that car, regardless of where the drugs or guns are found. (With certain exceptions, some of which are discussed below.)

NEW YORK GUN POSSESSION PRESUMPTION

In the case of gun, with possession of a loaded gun in New York carrying a mandatory minimum of three and one half years in prison, you are taking a tremendous chance driving with someone who may have an illegal gun. The New York gun presumption applies to all vehicles except stolen vehicles and public buses and applies not only to firearms but other weapons. The presumption has three major exceptions. The presumption does not apply if the weapon is recovered on the person of one of the occupants of the vehicle. It does not apply to the driver of a cab or livery cab and the presumption does not apply if one of the occupants has a license to carry the weapon concealed.

NEW YORK FIREARMS AND OTHER WEAPONS CHARGES – PART III – ADDITIONAL DEFINTIONS

December 5, 2008 | Tilem & Associates

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 legal definitions applicable to Articles 265 and 400 of the New York State Penal Law. For more information visit our website.

FIREARM SILENCER – PENAL LAW § 265.00(2)

Generally, a firearm silencer is anything that silences, lessens or muffles the sound of the firing of a revolver, gun, pistol or other firearm (for the exact definition of “firearm silencer” see NY Penal Law § 265.00(2).