Queens
Gun Crime
Attorney
Experienced Gun Crime Attorney in Queens, NY
The New York’s Penal Law enforces very harsh penalties for weapons-related criminal offenses in Queens and throughout the state. If you or a loved one is charged with any weapons crimes, it is very likely that you could face substantial fines, incarceration, and additional penalties based on the type of offense and whether you used a firearm while committing another crime.
The attorneys at the Law Offices of Robert Tsigler, PLLC, can provide the comprehensive criminal defense counsel you need in a difficult case involving weapons charges. Our criminal defense firm in Queens has years of experience helping clients navigate the most difficult criminal cases. Whether you face a weapons possession charge or other criminal charges related to firearms, we can help.
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Why Should I Hire a Queens Gun Charge Defense Attorney?
It’s essential to take full advantage of your constitutional right to legal counsel if you are accused of a crime. The Sixth Amendment of the US Constitution guarantees anyone charged with a crime the right to legal counsel when they are facing criminal charges. The Fifth Amendment also provides additional protection in a criminal case, protecting a suspect from self-incrimination with the right to remain silent. You must make full use of both of these constitutional rights if you are arrested on weapons charges in Queens, NY. Comply with the arresting officers but do not say anything at all until you have legal counsel.
At the Law Offices of Robert Tsigler, PLLC, we provide a greater scope of personalized legal counsel during your case. We maintain a moderate caseload to ensure we can provide every client we represent with the full scope of our resources and experience.
Weapons Possession Offenses in New York
Some of the most commonly prosecuted weapons crimes in Queens, NY, involve illegal possession of firearms. New York state law enforces different possession laws for distinct types of firearms. Additionally, the boroughs of New York City enforce separate weapons possession laws that do not apply outside the city limits. For example, you must register long guns such as rifles and shotguns in New York City, but not in the rest of the state of New York. When it comes to pistols, New York does not permit open carry. Concealed carry of any handheld firearm requires a New York pistol license, and there are very specific criteria you must meet to obtain this license.
Simply possessing an operable firearm without the required license or registration in Queens can lead to severe penalties. New York state law defines criminal possession of a firearm as a Class E felony with a potential sentence of up to four years in prison and fines up to $5,000. There are also four additional degrees of criminal possession of a firearm, each with its own potential penalties:
- Criminal possession of a weapon in the fourth degree is a Class A misdemeanor that applies to possessing any firearm without a license, or weapons such as metal knuckles, stun guns or switchblades, and to possessing a knife or other dangerous instrument with intent to use it unlawfully. The penalty can include up to 364 days in jail.
- Criminal possession of a weapon in the third degree is a Class D felony that applies when a person possesses three or more firearms, a defaced firearm (for example, one with the serial number removed), a machine gun, an assault weapon or a large-capacity magazine, or possesses a weapon after a prior conviction. The penalty can include two to seven years in prison with additional penalties.
- Criminal possession of a weapon in the second degree is a Class C felony carrying a minimum sentence of 3.5 years in prison up to 15 years in prison. This is the most common felony gun charge in Queens. It applies when a person possesses a loaded firearm anywhere other than their home or place of business, possesses five or more firearms, or possesses a loaded firearm, machine gun or disguised gun with intent to use it unlawfully against another.
- Criminal possession of a weapon in the first degree is a Class B felony and the most severe criminal weapons possession charge an individual may face in New York. This charge applies when an individual is caught with any explosive device with the intention of using it or for illegal possession of 10 or more firearms. The minimum sentence for conviction is five years in prison to a maximum of 25 years.
It should be clear to see that any weapons possession conviction in Queens is likely to cause severe problems for your personal and professional life for many years. Additionally, New York City has additional gun rules, such as permits for rifles and shotguns, that do not apply in the rest of the state. You can also face heightened penalties if you are arrested for another crime and used a firearm in any way during the course of the crime.
Criminal Charges Made Worse by Illegal Use of Firearms
New York and many other states enforce heightened penalties for various criminal offenses. Depending on the charges against you, the inclusion of illegal use or possession of a firearm during the course of the crime could mean several more years in prison added to your sentence, dramatically higher fines, and civil liability for victims’ damages. Some of the criminal charges that can be easily exacerbated by the presence of a firearm include:
- Drug offenses. Some drug crimes, such as drug trafficking, could lead to prosecution in federal court. When a firearm is used in a federal drug trafficking case, the defendant may face a mandatory sentence of an additional five years in prison for their use of a firearm.
- Assault. Threatening or menacing another person with bodily harm or death is a crime in New York.New York has no separate charge for assault with a deadly weapon. Threatening someone with a gun is usually charged as menacing, while causing injury with a gun is charged as second-degree assault, a Class D violent felony. If the injury is serious and was intended, the charge can become first-degree assault, a Class B violent felony with a mandatory five to 25 years in prison.
- Robbery. This offense describes the forceful taking of another person’s property. If you use a firearm or simply have a firearm on your person during this type of offense, you could face robbery in the first degree or second degree. Robbery in the second degree is a Class C felony punishable by up to 15 years in prison, and robbery in the first degree is a Class B felony punishable by up to 25 years in prison. Defendants with prior violent felony convictions can face much longer sentences under New York’s repeat-offender laws.
These are only a few examples of how firearms can dramatically increase the penalties for other criminal offenses. Remember that it is not always necessary for the defendant to use the firearm during the course of these other offenses; simply having a firearm on their person can be enough to elevate their charges significantly.
Frequently Asked Questions About Gun Charges in Queens
Can I get bail on a gun charge in Queens?
Felony gun possession charges are qualifying offenses under New York’s bail law, so a Queens judge can set bail or hold you, unlike most misdemeanor cases. Your lawyer can argue for release based on your ties to the community, your record and the strength of the evidence at arraignment. Queens gun cases are arraigned at Queens Criminal Court, 125-01 Queens Boulevard in Kew Gardens, and indicted felony cases move to Queens County Supreme Court, Criminal Term, in the same building.
Can a gun charge be dismissed if police searched me illegally?
Yes. If the stop or search violated the Fourth Amendment or New York’s four-level framework from People v. De Bour (1976), your lawyer can move to suppress the gun, and without it the case often falls apart. The body camera footage and the officer’s stated reason for the stop are usually where that fight begins.
Can I be charged if a gun was found in a car I was riding in?
Yes. New York law presumes every person in a car where a gun is found possesses it, with exceptions like when the gun is found on one person or the driver is a licensed driver for hire. That presumption can be rebutted, so tell your lawyer exactly where you were sitting and what you knew.
Will a gun conviction affect my immigration status?
Yes. A firearm conviction is its own ground of deportation under federal immigration law, even for green card holders and even for some misdemeanors. Non-citizens need a lawyer who builds immigration consequences into any plea discussion from the start.
Can a felony gun charge be reduced in Queens?
Sometimes, especially for people with no record and a lawful reason for having the gun, like a valid out-of-state license. A plea to a lesser charge can avoid the 3.5-year mandatory minimum tied to a loaded gun charge. Your lawyer will use the facts of the stop and your background to push for that outcome.
What to Expect From Your Queens Gun Crime Attorney
When you choose the Law Offices of Robert Tsigler, PLLC, to represent you in any weapons crime case, you can expect our team to provide the full scope of our professional resources and experience in defending your rights. In any criminal case, the burden of proof rests with the prosecution. The prosecutors assigned to your case must prove guilt beyond a reasonable doubt, and our job as your defense attorneys is to prevent this from happening. We can uncover eyewitness statements that help you prove your innocence, determine the validity of the prosecution’s evidence, and help you assert self-defense if applicable to the situation in question.
It is crucial to secure legal counsel as soon as possible when you are charged with any weapons crimes in Queens, NY. If you are ready to discuss your legal options with a responsive and dedicated team of Queens gun crimes attorneys, contact the Law Offices of Robert Tsigler, PLLC, today and schedule a consultation.
Call today to schedule a consultation to discuss the options for defending your gun crimes charge. Reach our team at 718-878-3781.
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