Gun violence has become frighteningly rampant in this country. The drumbeat of tragedies is so relentless as to be almost numbing: the persistent school shootings, strangers opening fire on public streets, disgruntled employees barging into workplaces to gun down colleagues, family members slaughtering relatives in their own homes, disturbed individuals spraying bullets in a mall, a movie theater, or even on a military base. Every horror ramps up public outrage that something must be done to stop this terror.
In this impassioned environment, being charged with possession of a weapon is a particularly serious and fearful offense. If you or a loved one have been charged with owning a weapon of any kind, you need to immediately engage the services of an expert lawyer who has thorough knowledge of the complex laws and regulations regarding New York gun use and ownership. The consequences of conviction are grim and usually involve extensive prison time, among other ominous, often permanent repercussions. Even a first time offender with no criminal record will face a prison term of at least three years for carrying a loaded weapon in New York.
The Law Office of James Medows has years of experience assisting defendants against weapons charges and staunchly defending their constitutional rights. James can provide the practiced and superior guidance that you will absolutely need if you are charged with weapons possession. Such charges can include using a weapon in the commission of a crime, illegal or unlicensed possession, unlawfully carrying a concealed weapon, violating gun dealership requirements, being a felon in possession of a firearm, brandishing or discharging a weapon, wielding a gun at an airport, and having more firearms than permitted. Even pretending to have a gun will land you in serious trouble, while having an out-of-state license for a gun that you carry in New York will also leave you subject to charges of unlawful possession.
James is also keenly aware that an arrest for possession of a weapon in New York can be flawed in many ways, and he is skilled in thoroughly examining every aspect of the process to ensure that your rights are protected. Did the police have the right to search your home or car? As you have probably heard so often on television shows, “Did they have a warrant?” If so, was that warrant valid? Did you give officers permission to search your residence or vehicle? Was the weapon secured and locked? Was it loaded? Was the ammunition easily accessible, or was it safely placed out of reach?
If you were stopped while driving and your car searched, did the law enforcement officer have reasonable cause for that stop and search? What evidence is there that the gun belonged to you rather than another passenger in the car? A police officer must have probable cause that a crime was committed or about to be committed before he or she can detain you, whether you are in a car or on foot. Is the arresting officer’s story consistent? Unlawful search and seizure is often a key factor in having a defendant’s charge lessened or even dismissed. James will scrutinize all of these and other issues as well. Were you aware that a gun was in your house or car? Who owns the weapon—you or another person? Was the gun in working order—that is, could it be operated, or was it flawed? James will zealously ensure that all procedures were properly followed, seeking any disparities in the accounts of the arrest or any other questions that raise the possibility of reasonable doubt.
While the primary weapons for charges of possession in New York are guns, many other types of armaments fall under this statute. These include stun guns, switchblades, BB guns, box cutters, brass knuckles, sawed-off shotguns or other altered weapons, high-powered crossbows, sword canes, chukka sticks, billy clubs, black jacks, pistols, rifles, machine guns, automatic and semi-automatic weapons, assault rifles, gun magazines that can hold excessive rounds of ammunition, and even paintball guns. James is an expert in sorting through the various ramifications associated with possessing any of these weapons, and he will assiduously safeguard your rights and provide you the most expert defense available.
James fully understands that any kind of criminal charge can severely disrupt a person’s life in many ways, including financially, legally, and emotionally, and he will stand by you as an advisor and friend throughout your ordeal. James also realizes that a charge of possessing a weapon is a grave matter, particularly at a time when the Second Amendment right of gun ownership is such a contentious issue. If you or a loved one are charged with possession of a weapon in New York, James will provide the personal, professional, and loyal guidance that you need to assist you in winning the most positive outcome of your case and in getting your life back on track.
Contact James Medows Criminal Lawyer.