In Staten Island, NY having illegal weapons is a very dangerous issue. The District Attorney’s Office in Staten Island works vigorously to prosecute those charged with Possession of a Gun, or more accurately Criminal Possession of a Weapon. In fact, any Staten Island Criminal Lawyer will report that if you are involved in any violent crime (i.e.sex crime or assault) or even a non violent crime such as drug possession, the office of the Staten Island District Attorney will ask for a harsher sentence from the Criminal Court.

The State law in New York at present has a minimum sentence which is mandatory for felony conviction of possessing a gun that is illegal. That sentence is 3.5 years in jail. Your Staten Island Criminal Lawyer can clarify for you in detail any exceptions to the mandatory minimum. There are mitigating situations in some cases which may reduce a felony charge to a misdemeanor. One example is if the weapon is defective or not functioning. Another example is called Transitory Possession, which is a concept in which the accused is found to have innocently been in temporary possession of a handgun or gun.

One can claim Transitory Possession if the gun or weapon was being carried for safety reasons. The person may secure the weapon intending to bring to a police station or other agency in an effort to get it off the street. Transitory possession is considered an absolute defense which will get a case dismissed once proven.

Some other defenses in weapon or gun crime cases are:

An unloaded gun at your home or workplace may reduce a gun charge from a felony to a misdemeanor. In this case, the minimum jail requirement that is mandatory would not be applicable. In the case of an illegal search performed by the Staten Island Police, any evidence obtained from the search can be suppressed. Since discovery of the gun or weapon would not be allowed as evidence, the case would have to be dismissed.

A lawyer specializing in Gun Crimes from our office assembled a short list of the types of weapons that are considered illegal to carry in Staten Island and throughout the State of New York.

• Black Jack
• Sword or Cane Knife
• Chukka Sticks
• Gravity Knife
• Brass Knuckles
• Billy Club
• Switchblade

Please also be advised that brandishing one of the weapons listed above, or any other type of object like a screw driver or razor, and displaying the intent to utilize it as a weapon, you can still be arrested by the police and charged with Weapons Possession.

Staten Island does not require the same type of registration that New York City does, however they fervently enforce gun laws. If you are found with a weapon or gun in Staten Island, be warned that the Judges have been notorious in setting some of the most outrageous bails for weapon cases and have been known to enforce some of the most inflexible sentences.

The Staten Island Criminal Lawyers with Stephen Bilkis & Associates have great experience and knowledge in handling cases involving Weapons Possession and Gun Crimes. Every lawyer is easy to talk to and will focus their attention on your case individually as it deserves. We have several convenient locations throughout New York including Brooklyn, Queens, Westchester County, New York City, and Long Island as well as Nassau County and Staten Island of course. Please call us for a free consultation at 1-800-NY-NY-LAW. We can also take care of crimes in which guns were used like assault, kidnapping, rape, robbery, and murder.