What types of defenses are available to me if I am charged with a crime?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-78 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:1.92%;--awb-margin-bottom-large:0px;--awb-spacing-left-large:1.92%;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:1.92%;--awb-spacing-left-medium:1.92%;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;"> To learn more about understanding what type of criminal defense maybe available to you, click here .

What does beyond a reasonable doubt mean?

Proof beyond a reasonable doubt means a jury is firmly convinced of the accused’s guilt and that there is no practical or realistic explanation for any element of the crime other than it was committed by the person charged with the crime. It is the highest form of proof in the law.

Can I raise the defense of mistaken identity?

A mistaken identity defense is used when a witness incorrectly states that a person was involved in a crime, when they were not. This defense is often utilized when there is eyewitness testimony and the defendant did not commit the crime. The New York Court of Appeals, our highest court, in 2017, recognized the unique problems that exist with eyewitness identification between races. As such, any time identification is an issue in a criminal case and the witness and the person charged are different races, you have the right to request the jury be charged about the problems with such identifications.

How do I raise an alibi defense?

A person charged with a crime can use an alibi defense if they can establish that they were someplace else when the crime was committed. Typically, this defense is put forth by witnesses by the defense. However, when an alibi defense is used, the burden of proof remains with the prosecutor to establish all elements of a crime beyond a reasonable doubt. A jury is not allowed to convict solely because they disbelieve the alibi, they are still required to believe the People’s case beyond a reasonable doubt.

Can a criminal defense lawyer argue that a defendant was framed?

Yes. Criminal defense lawyers will often defend a case on the basis that their client was framed or set up. With this type of defense, a criminal defense lawyer will try to establish someone else committed a crime and that their client is wrongly accused.

What is an agency defense?

An Agency defense is a rarely used defense in drug cases. The agency defense protects an individual who is working or acting for a buyer of drugs only. An agent of the buyer involved in a drug transaction is purchasing or acquiring drugs for somebody else. This defense cannot be used if you have any involvement with the sale of drugs. To have a successful agency defense, you cannot have received any benefit (other than a token of appreciation) for your participation in the purchase.

What is a duress defense?

Duress is an affirmative defense raised when you were engaged in illegal conduct because you were forced or coerced to do so by use/threatened use of unlawful physical force upon you (or a third party), which force or threatened force a person of reasonable firmness in your situation would have been unable to resist.

What is an affirmative defense?

If a defendant utilizes an affirmative defense, then the defendant has the obligation and burden to prove the affirmative defense by a preponderance of the evidence. If an affirmative defense is offered, the prosecution still has the burden to prove every element beyond a reasonable doubt. In the context of a jury trial, the jury or judge (non-jury trial) must first determine if the People have proven their case beyond a reasonable doubt. If they have not, then the case ends, and the jury or judge must issue a not guilty verdict. If a jury believes that the prosecution proved their case beyond a reasonable doubt, then if a defendant has raised an affirmative defense, the jury must consider and determine if the defendant has proved the affirmative defense by a preponderance of the evidence.

What is preponderance of the evidence?

A Preponderance of the evidence means more likely than not. In mathematical terms it is 51% or just over half.

Can I raise the defense of entrapment?

An entrapment defense is used when you have engaged in prohibited conduct because you were induced or encouraged to do so by a public servant or a confidential informant working for the police who was seeking to obtain evidence against you for a criminal prosecution. To raise the defense your criminal defense attorney must show that the methods utilized by the police or the confidential informant caused you to do something you would not have otherwise done. For an entrapment defense to be successful, you need to establish that you were induced or encouraged to commit a crime that you were not predisposed to commit.

What is renunciation of a crime?

Renunciation of a crime occurs when you stop participating in the crime before it begins and/or attempt to stop other participants from committing a crime. Typically, this defense is used in conspiracy charges. The renunciation must be a complete withdrawal from the crime. Renunciation is an affirmative defense.

How old must a defendant be to raise the defense of infancy?

In general, under New York law you cannot be charged with a crime unless you are 18 years old. However, there are many exceptions to this rule. For very serious charges such as murder, robbery or sexually motivated offenses, someone can be charged between the ages of 13-15. In addition, a 17-year-old can be charged with a felony or misdemeanor (so long as there is at least one felony charge), and Vehicle and Traffic Law misdemeanors. For more information regarding age dependent charges see our web page regarding juvenile delinquency.

What is the defense of justification as an emergency measure?

Conduct which would ordinarily be considered a crime is justified and not criminal if the conduct is necessary as an emergency measure to avoid an imminent and significant injury. Essentially this defense is utilized when someone is protecting themselves or someone else from a violent act. The person using this defense cannot have contributed to creating the situation to use this defense or have been the initial aggressor. The prosecution has the burden of disproving this defense beyond a reasonable doubt.

When is self-defense by use of physical force allowed?

Self-Defense by use of physical force is allowed when a person reasonably believes that the use of force is necessary to protect themselves or others from the imminent use of force by someone else. In order for self-defense to be successful, the defendant will need to establish that they believed the use of force was necessary to protect themselves or others from physical danger AND that a reasonable person in the defendants position would have acted in a similar way. The rationale behind this defense is that someone does not have to wait until they are attacked or injured before they can fight back. You cannot be the initial person causing the violent act to claim self-defense. A defendant does not need to prove that they were justified in using self-defense. The prosecution is required to prove beyond a reasonable doubt that the defendant was not justified in using self-defense.

Who is the initial aggressor?

The initial aggressor is the person who first attacks or threatens to use physical force first. The initial aggressor does not have to be the one who caused the first contact.

When is use of deadly physical force allowed?

A person can use deadly physical force when they reasonably believe it necessary to defend themselves or others from the use or imminent use of deadly physical force on themselves or others. Deadly physical force means physical force which can cause death or serious physical injury. To use deadly physical force, a person must reasonably believe that someone was using or about to use deadly physical force against them or others, AND that the use of deadly physical force was necessary to defend them or others, AND a reasonable person in the defendants situation, knowing what the defendant knew, would have had the same belief that deadly physical force was necessary. This defense is not available if the defendant was the initial aggressor.

What is serious physical injury?

Serious physical injury means impairment of a person’s physical condition which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

Can you use deadly physical force if you can retreat safely?

In New York, you have the obligation to retreat and not use deadly physical force if you can do so completely and safely. However, there are exceptions to this rule including you do not need to retreat if you are in your own home and you were not the initial aggressor, are a police officer acting within the scope of your duties, or you believe that someone is committing or attempting to the crimes of kidnapping, forcible rape, forcible criminal sex act, robbery, burglary, or arson.

What is the insanity or mental disease or defect defense to criminal charges?

The insanity or Mental Disease or Defect defense is raised when a person charged with a crime lacked criminal responsibility at the time of the crime because they lacked substantial capacity to know or appreciate either: The nature or consequences of the conduct; or That the conduct was wrong. Mental disease or defect is an affirmative defense and can be established by expert medical (psychiatric/psychological) testimony, prior mental health related hospitalizations, medical records, and/or the nature, circumstances, and facts of the crime. This is different than being mentally fit to proceed in the case against you. This defense cares about your mental state at the time of the crime, not at the time of the charges, proceedings, or trial.

What happens if I am found not guilty by reason of mental disease or defect?

If you are found not guilty by reason of mental disease or defect, your case is not over. Instead, a new set of proceedings will be held to determine your current mental health condition, whether you are a danger to yourself or the community, and whether you should be committed to a mental health facility. If you are committed to a mental health facility, your mental health status will be addressed in regular intervals, but you could be held for longer than the maximum criminal sentence unless your mental health condition improves.

Can intoxication be used as a defense?

Intoxication is not a defense to a crime. However, evidence of intoxication by drugs or alcohol can potentially eliminate an element of a charged crime. In raising this issue, you must show that you could not form the mental state required to commit the crime. To be successful, you need to establish the significant impact of the drugs or alcohol. The level of intoxication is greater than simply being drunk or under the influence or drugs. In most cases, intoxication does not eliminate a criminal act, but may be used to reduce the potential criminal exposure by changing an intentional act to a reckless one.

What is the extreme emotional disturbance (eed) defense to criminal charges?

Extreme Emotional Disturbance (EED) is a New York-specific defense in Murder cases only. To be clear if you are found to have committed a murder under an EED, you would be found not guilty of Murder, but guilty of Manslaughter . EED is a very different defense than claiming insanity or mental disease or defect. First, you must have suffered from such an extreme emotional disturbance, that you suffered a profound loss of self-control. Whatever the emotion, whether its sadness, anger, fear, or any other, it must be very intense. Second, there must be a reasonable explanation that you suffered this extreme emotion. The reasonableness is viewed from your own viewpoint and situation, not that of another person. Finally, you must commit the murder while under the influence of that extreme emotion. Often, this defense is compared with the example of walking in on your partner in bed with another person and acting immediately. In such a circumstance, even if a police officer were standing right next to you, you very well would have acted the same way. Like mental disease or defect, while an expert witness is not mandatory it is often necessary to support this defense. If you were in a minor car accident and were so angry that you went and purposefully killed the other driver, you may very well have suffered from an extreme emotion, but most jurors would be unlikely to say such extreme emotion was reasonable because of an accident. If you planned some or all the murder it is less likely you acted under the influence of an extreme emotion. Also, if there was a time frame when you “cooled off” it is possible that the emotion lessened or ended and you instead made the conscious, intentional choice to act as you did.

Do I need a criminal defense attorney?

In New York State, if you are charged with a misdemeanor or felony, you are required to have an attorney present with you at all stages of your case after you are arrested. If you are charged with a non-criminal violation, such as disorderly conduct or harassment, or a non-criminal traffic offense, you will not be required to have an attorney. However, hiring an experienced criminal defense attorney to represent you is recommended as your lawyer will have the knowledge to determine if any of your legal rights were violated and how to best proceed with your case by way of a resolution or trial.

If I am guilty, should I just plead guilty without a criminal lawyer?

No. It is usually not in your best interest to plead guilty even if you committed the crime you are charged with. An experienced criminal defense attorney may be able to negotiate a plea to a lesser charge which could eliminate your criminal exposure entirely, or lessen potential penalties, fees, and/or surcharges.

Will you be the only criminal defense attorney working on my case?

At LaMarche Safranko Law, we pride ourselves on our teamwork approach. Every case gets assigned to one of our partners and one of the associate attorneys so you will always have two points of attorney contact. We hold weekly firm meetings to discuss and address cases so that in the case of an emergency ANY of our attorneys or the paralegal assigned to your case will be able to help you. Your lead attorney will always have primary responsibility for your case and will be your main point of contact. If the attorney you are working with is unable to attend a court appearance with you, you will be contacted and advised as to which attorney from our office will attend your court appearance. In most cases, your primary attorney will appear with you.

How often should I hear from the criminal attorney handling my case?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified. This will range from calls to discuss the discovery in your case, the results of working with a private investigator, plea bargain offers, or just a simple check in. Importantly, if you have any questions about your case, you should contact your lawyer.

How can I get the best outcome in my criminal case?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-79 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:1.92%;--awb-margin-bottom-large:0px;--awb-spacing-left-large:1.92%;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:1.92%;--awb-spacing-left-medium:1.92%;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;"> When you’re charged with a crime in New York, one of the most important questions you’ll have is: “How can I get the best possible outcome in my case?” While every case is unique, the steps you take early on, from hiring an experienced criminal defense attorney to building a strong mitigation package, can make a significant difference in the result. Click here to learn about improving your outcome through mitigation, character reference letters, and drug or alcohol treatment programs.

What should I bring to my initial meeting with my criminal lawyer?

You should bring all documents that you have regarding your arrest or the investigation including copies of any charges or subpoenas, appearance tickets, documents regarding any items seized, names/addresses of any witnesses, and any other information you deem important for your case. At your initial meeting, your lawyer will begin to formalize and strategize regarding your case and the defenses that are available.

How long will my criminal case take?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-80 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:0px;--awb-margin-bottom-large:0px;--awb-spacing-left-large:0px;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:0px;--awb-spacing-left-medium:0px;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:0px;--awb-spacing-left-small:0px;"> How long a criminal case takes will vary based upon the nature of the charges, the number of people charged, where you are charged, the complexity of the case and the amount of discovery involved. For a breakdown of your criminal case and an overview of the criminal process, please see the Criminal Defense Timeline.

How much does a criminal defense lawyer cost?

This answer depends on many factors, including the seriousness of the charge(s), the significance of the investigation, whether the case will proceed to a trial or be resolved by way of a plea bargain, the amount of time devoted to your case, , the location of the court, whether written motions are submitted to the court, and whether hearings are needed. Every criminal case is different. Your criminal lawyer should take the time to explain all your options and the issues relevant to your case. For more information about fees pertaining to criminal defense matters, please see our criminal defense fees blog.

Should I talk to the police officers or other law enforcement when they call?

In general, it is best not to speak to the police or law enforcement without an attorney present. You and your attorney can always decide whether to speak to the police or other investigators. When you speak to law enforcement, your statements could potentially incriminate you and be used against you in your criminal case.

The police asked me to go to the police station, should I go?

Prior to going to the police station, it is always best to contact an experienced criminal defense lawyer. By contacting a lawyer first, law enforcement will likely tell your lawyer if charges have been or will be filed against you. If charges are filed your lawyer can help, ensure that you will be released and/or bail is set if your charges fall into the categories where your release is not automatic. Please see our pages regarding bail and discovery reform. Your criminal lawyer will also protect you from making any statements that may incriminate you. It is always important to be respectful to law enforcement, but that does not mean you must answer questions regarding their investigation. If you have current charges or charges will be filed, it is always in your best interest to voluntarily self-surrender, if possible, with a lawyer by your side.

Should I hire a criminal lawyer that has handled a case just like mine?

Every criminal case is unique and different and requires a thorough review of the facts, circumstances, and law. It is important to contact an experienced, compassionate, and caring criminal defense lawyer who has broad experience in the criminal justice system. When you select your criminal defense attorney it is important that your lawyer has the experience to help you and your case.

Do I have to appear in court if I am charged with a crime?

In most instances, especially if you are charged with a misdemeanor or a felony, you will have to appear in court on several occasions. However, there are many times when your attorney can appear on your behalf, so you are not inconvenienced or must miss work or family engagements. If you cannot appear in Court, it is important for you to contact your lawyer so that your appearance can be excused. Failing to appear at a required Court appearance can hurt your case and/or result in a warrant for your arrest. It is important that you keep in touch with your criminal defense lawyer regarding the status of your case and whether you need to appear in court on a particular date.

Can my criminal lawyer guarantee a good outcome for me?

An experienced criminal defense lawyer cannot guarantee or make promises regarding the outcome of a case. Every case is different. Based on experience, the attorney may be able to provide some examples of prior similar cases or the thought process as to how the case may proceed. However, a prior successful outcome in another case, does not mean you will obtain the same result. It is important for you to discuss all aspects of your case with your lawyer before any decision can be made regarding the potential result or outcome of your case.

The police did not read me my Miranda Rights, will my case be dismissed?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-81 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:1.92%;--awb-margin-bottom-large:0px;--awb-spacing-left-large:1.92%;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:1.92%;--awb-spacing-left-medium:1.92%;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;"> Not necessarily. The Miranda rights or Miranda warnings, commonly referred to as your right to remain silent, protect you from making any statements that the prosecutor will use against you at trial. If the prosecution or police are not seeking to question you or to use your statements against you, they are not required to provide the Miranda warnings. Law enforcement is required to give Miranda warnings when you are a suspect in police custody during a custodial interrogation.

Will my case have to go to trial?

Maybe. While many cases resolve by way of a plea bargain prior to trial, in many cases there is a disagreement about what happened, or what a fair resolution would be. In these cases, the matter proceeds to a trial so a jury or judge can determine whether the person charged is guilty or not guilty.

What do I have to prove at a trial?

Nothing. At a trial, the burden of proof is on the prosecutor to prove your guilt beyond a reasonable doubt. A defendant in a criminal case does not have to prove his/her innocence. In fact, the defendant in a criminal case is under no obligation to speak or testify at all.

Will the victim in the case have a say in the outcome of my case?

Yes. If there is a person who was harmed, that person will have an opportunity to participate in the case either as a witness during a trial, or by speaking to the prosecutor’s office prior to a plea or at a sentencing. Although the victim has an opportunity to be heard, and while the victim’s position can impact the outcome of the case, if the case resolves by way of a plea bargain, the prosecutor has the final say on any offer that is made to resolve a case. If the matter proceeds to a trial, a jury has the final say in determining disputed facts. If there is a plea bargain or a conviction, a judge has the final say in imposing the sentence.

I have no criminal history. How will that help my case?

It is important to understand that the absence of a criminal history does not change the facts of the case you and your attorney are defending. If the case is decided by a judge or jury, the verdict will be determined by the facts as presented and argued by the prosecution and the defense. Should you be convicted, however, your otherwise clean record can weigh in your favor as the judge determines the severity of your sentence. A clean record also can also help your lawyer negotiate a more favorable plea bargain.

Will a conviction stay on my record for the rest of my life?

In New York state, thanks to a record-sealing law passed in 2017 , you are now eligible to have a broad range of convictions—felony and misdemeanor—sealed from public view after a ten-year waiting period. Sex crimes and violent felonies are excluded.

What is the difference between a misdemeanor and a felony?

Generally, a felony is charged when the alleged conduct of the defendant is more serious. The technical distinction is one of maximum punishment. If a crime carries a maximum incarceration of one year or less, it is a misdemeanor; more than a year and it rises to a felony. Serious crimes such as murder, rape, arson, robbery, grand larceny, and kidnapping are felonies; petit larceny, minor drug, or marijuana offenses, etc., are misdemeanors. With many crime categories, such as drug offenses, assault, and theft, whether it is a misdemeanor, or a felony depends on the severity of the offense.

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Charged with Weapon Possession?

Q: What would the penalty if charged with criminal sale of a firearm?

<div class="fusion-layout-column fusion_builder_column fusion-builder-column-25 fusion_builder_column_1_1 1_1 fusion-flex-column" style="--awb-bg-size:cover;--awb-width-large:100%;--awb-flex-grow:0;--awb-flex-shrink:0;--awb-margin-top-large:0px;--awb-spacing-right-large:1.92%;--awb-margin-bottom-large:0px;--awb-spacing-left-large:1.92%;--awb-width-medium:100%;--awb-flex-grow-medium:;--awb-flex-shrink-medium:;--awb-spacing-right-medium:1.92%;--awb-spacing-left-medium:1.92%;--awb-width-small:100%;--awb-flex-grow-small:;--awb-flex-shrink-small:;--awb-spacing-right-small:1.92%;--awb-spacing-left-small:1.92%;"> If you are charged with criminal sale of a firearm, click here to learn about the three degrees that you could be charged with.

New York Weapon Possession Defense Lawyers

If you are facing a weapon possession or gun possession charge in New York, you need an experienced criminal defense lawyer on your side immediately. New York has some of the toughest firearm laws in the nation, and even well-intentioned individuals, especially visitors from out of state, can find themselves facing serious criminal consequences.

Ignorance of the law is not a defense, meaning, if you legally possess and own a firearm outside New York, but travel or move into New York, that possession may very well be illegal. The type of firearm, whether it’s more than one, and even what County you are found in play major factors in how you may be charged.

Penalties and Legal Consequences for Weapon Possession in New York

To legally possess or carry a pistol in New York, you must be over age 21 and hold a valid New York State pistol permit. ‘Long guns’ such as shotguns and rifles do not require a permit but are still subject to background checks and certain convictions make you ineligible.

The state’s firearm laws are far more restrictive than those in many other parts of the country. The NY SAFE Act, passed in 2013, mandates universal background checks for all gun purchases, enhances penalties for illegal possession, and restricts certain types of weapons and magazines. Additionally, New York’s Red Flag Law (2019) authorizes courts to prohibit individuals deemed a danger to themselves or others from purchasing or possessing firearms.

Even if you legally own and possess a firearm out of state, bringing it to New York can violate the above laws, and New York authorizes prison sentences for such possession. This is even if you never use it or threaten to do so.

Consequences of Criminal Possession of a Weapon

Weapon possession charges in New York are often felonies, and penalties depend on the type of weapon, whether the firearm was loaded, the location of the arrest, and your criminal history. A conviction may result in mandatory prison time, probation, fines, loss of firearm rights, immigration consequences, and a permanent criminal record. If you are under investigation or have been arrested for criminal weapon possession, time is critical. Speak with an experienced defense attorney at LaMarche Safranko Law today. We are here to guide you, protect you, and help you through every step of the legal process.

FAQs About Weapon Possession

What would be my penalty if I am charged with criminal possession of a weapon?admin2025-12-10T21:09:14+00:00

What would be my penalty if I am charged with criminal possession of a weapon?

If you have been charged with criminal possession of a weapon, there are four different degrees you could be charged with. Click here to learn more.

What happens if you buy separate pieces of a gun and assemble them?admin2025-12-12T14:14:18+00:00

What happens if you buy separate pieces of a gun and assemble them?

You can legally purchase different parts of a firearm, but if you put them together to create a gun, you could be charged with criminal possession of a weapon and up to 15 years in prison.

What is considered a weapon in New York State for its Criminal Possession of a Weapon statutes?admin2025-12-16T18:17:22+00:00

What is considered a weapon in New York State for its Criminal Possession of a Weapon statutes?

Weapon:

A pistol or revolver
A short shotgun (barrel under 18 inches)
A short rifle (barrel under 16 inches)
A rifle or shotgun cut down to be less than 26 inches long
An assault weapon
Old “antique” guns are usually excluded
Silencer
- A device that muffles or quiets a gunshot.
Antique Firearm
- An old gun that uses outdated firing systems like flintlock or percussion caps and isn’t designed to use modern bullets.
Major Gun Part
- Important pieces like the barrel, frame, slide, or receiver.
Switchblade Knife
- A knife that opens automatically when you press a button.
Gravity Knife
- A knife whose blade drops or flicks open by gravity or wrist motion.
Ballistic Knife
- A knife that shoots its blade from the handle.
Metal Knuckle Knife
- Combines brass knuckles with a knife blade.
Undetectable Knife
- A knife made so it can’t be found by metal detectors.
Machine Gun
- Fires many bullets automatically with one trigger pull.
Armor-Piercing Ammunition
- Bullets designed to go through bulletproof vests.
Disguised Gun
- A gun hidden to look like something else (like a phone or cane).

https://www.nysenate.gov/legislation/laws/PEN/265.00

What if I am charged with bringing a weapon onto school grounds?admin2025-12-10T21:35:27+00:00

What if I am charged with bringing a weapon onto school grounds?

If you, your child or a loved one brings a weapon to school they could be charged with criminal possession of a weapon on school grounds or unlawful possession of a weapon on school grounds. Click here to learn more.

What would be my penalty if I am charged with criminal use of a firearm?admin2025-12-10T21:38:58+00:00

What would be my penalty if I am charged with criminal use of a firearm?

If you’ve been charged with criminal use of a firearm in New York, you’re facing one of the most serious weapon-related offenses under state law. If you have been charged with criminal use of a firearm, here are the two degrees that you could be charged with.

Criminal use of a firearm in the second degree

https://www.nysenate.gov/legislation/laws/PEN/265.08

Criminal use of a firearm in the second degree is a class C felony according to New York Penal code 265.08. You are guilty of this charge:

If you possess a deadly weapon that is loaded and readily capable of producing death or other serious injury
If you display a pistol, revolver, rifle, shotgun, machine gun or other firearm.

If you are charged with criminal use of a firearm in the second degree, you could face a fine and a minimum of 3.5 years in prison with a maximum of 15 years.

Criminal use of a firearm in the first degree

https://www.nysenate.gov/legislation/laws/PEN/265.09

Criminal use of a firearm in the first degree is a class B felony according to New York Penal code 265.09. You are guilty of this charge:

If you commit any class b violent felony offense and you either possess a deadly weapon that is loaded and readily capable of killing or seriously injuring someone or displaying a pistol, revolver, rifle, shotgun, machine gun or other firearm.

If you are charged with criminal use of a firearm in the first degree, you could face an additional five years to the other sentence you are convicted of. In certain cases, you will not be eligible for release on parole or a conditional release.

A conviction for any degree of weapon possession can lead to jail time, fines, probation, and a permanent criminal record

What would the penalty if charged with criminal sale of a firearm?admin2025-12-12T01:02:57+00:00

What would the penalty if charged with criminal sale of a firearm?

If you are charged with criminal sale of a firearm, click here to learn about the three degrees that you could be charged with.

What happens if I bring a firearm from another state into NY state?admin2025-12-16T18:52:59+00:00

What happens if I bring a firearm from another state into NY state?

If you were to cross into New York State with a firearm, you could potentially face legal consequences if you do not comply with New York’s firearm laws. New York has some of the most restrictive firearm laws in the United States, particularly regarding handguns. If you bring a firearm into New York and do not obtain a license to possess the firearm, you could potentially face serious criminal charges. Click here to learn more.

What if I am charged with transporting firearms as I am passing through New York State?admin2025-12-10T21:51:19+00:00

What if I am charged with transporting firearms as I am passing through New York State?

If you were traveling through New York and found yourself facing criminal charges for transporting a firearm, you’re not alone and you’re not without options. New York has some of the strictest laws in the country, and even law-abiding gun owners from out of state can be arrested and charged simply for driving through the state with a firearm in their vehicle.

Unlike many other states, New York does not recognize out-of-state pistol permits or concealed carry licenses. If you’re traveling with a firearm even if you’re driving from one gun-friendly state to another you can still be charged with a felony or misdemeanor just for having a weapon in your car.

When transporting firearms through New York State, it is crucial to follow strict guidelines to avoid potential legal issues.

Unloaded and Secure: Firearms must be unloaded during transportation, meaning there should be no rounds in the chamber or magazine. The firearm should be stored in a locked container separate from ammunition. The trunk of your vehicle is generally the safest place to transport firearms.
Traveling with Long Guns: Long guns, such as rifles and shotguns, may be transported without a license, if they are unloaded and securely stored during transit. Also, if you have a conviction for what New York defines as a “serious offense” you may not be allowed to legally possess these firearms here. Be sure to speak with a lawyer first if you have any out-of-state convictions, even minor ones.
Assault Weapons: New York has specific restrictions on assault weapons, and possession of such firearms may be prohibited or require additional permits. It is crucial to review the laws pertaining to assault weapons before traveling with them in New York State.
Ammunition Restrictions: While transporting firearms, ensure that you comply with the restrictions on the quantity of ammunition you can carry. New York law limits the amount of ammunition for certain firearms.

Can I legally purchase a pistol in another state and bring it back to New York?admin2025-12-16T19:52:58+00:00

Can I legally purchase a pistol in another state and bring it back to New York?

No, under federal law, a handgun cannot be sold directly to a non‑resident by an out‑of‑state dealer. If you attempt to buy a pistol in another state, the seller must transfer it through a Federal Firearms Licensee (FFL) in New York.

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Can I Legally Purchase A Pistol In Another State And Brig It Back To New York? #criminal #lawyer #lawtiktok #newyork

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Law Firm Testimonials

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Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

A client from Albany, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

A client from Altamont, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

A client from Upstate New York

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

A client from Albany, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

A client from Albany, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years. This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

Parents of a client from Cropseyville, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

A client from Rensselaer, NY

“The staff at LaMarche Safranko Law took care of whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service was very, very good and I would Highly recommend them.”

A personal injury client from Cohoes, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor. George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

A client from Troy, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

A client from Colonie, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life…

Anonymous Attorney from Albany, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

A personal injury client from Waterford, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life. I could not have done it without you all. Everything is going so well again. I recommend you highly. Thanks Again!”

A client from Troy, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

A client from Schenectady, NY