Weapons Possession Charges
An all too common instance where one finds themselves facing weapons charges is the "gun in the car" case. Too often individuals find themselves charged with weapons possession when they were not even aware that a handgun or other weapon was in the car they were riding in.
Thank the New York Legislature for crafting a solution to the problem that arises when a gun is found in an automobile and all occupants deny knowledge of the firearm and deny ownership of the gun. This "solution" is often implemented even when one occupant of the automobile with multiple occupants claims ownership and/or possession of the weapon. The Legislature's solution was to create a "presumption" as set forth in PL 265.15 which states that the presence of a machine-gun in a vehicle is presumptive evidence of it's unlawful possession by all persons in the vehicle. So before you get into a car in New York, you would be well served to thoroughly inspect the automobile for any weapons, or you may be facing felony charges if you are unfortunate enough to be pulled-over by police, a search is conducted and a weapon is found.
Very often Criminal Possession of a Weapon charges are considered violent felonies. Because of the "presumption" as set forth in the Penal Law, the District Attorney's Office often seeks to obtain an indictment under the "intent to use [the weapon] unlawfully against another" theory. This will likely be a Class C Violent Felony, PL 265.03; Criminal Possession of a Weapon in the Second Degree. Depending on a defendant's prior criminal history, a Class C Violent Felony carries guideline sentencing provisions of 3.5 to 15 years in prison, if convicted.
New York has some of the strictest and most severe weapons possession laws in the Country. If you are facing criminal charges relating to the alleged possession of illegal weapons you should immediately contact a weapons possession defense lawyer to fight for your rights.