New York Criminal Defense Attorney Russ Kofman Discusses Criminal Possession of a Weapon in the First Degree

February 04, 2025 at 13:22 PM EST

New York criminal defense attorney Russ Kofman (https://www.lebedinkofman.com/criminal-possession-of-a-weapon-in-the-first-degree-265_04/) of Lebedin Kofman LLP provides critical insights into Criminal Possession of a Weapon in the First Degree under New York Penal Law § 265.04. This serious offense involves unlawfully possessing multiple firearms or explosives with the intent to use them against others and carries severe legal consequences.

As a New York criminal defense attorney, Kofman explains that a conviction under NYPL § 265.04 could result in a lengthy prison sentence and substantial fines. Given the potential repercussions, individuals accused of this crime must seek strong legal representation to protect their rights. Kofman emphasizes that each case requires a thorough defense strategy tailored to the circumstances surrounding the charges.

Kofman, a dedicated New York criminal defense attorney, outlines the elements that define Criminal Possession of a Weapon in the First Degree. Under NYPL § 265.04, a person can be charged if they either possess an explosive substance with unlawful intent or possess ten or more firearms. This charge is classified as a Class B violent felony, which can lead to severe penalties upon conviction.

A key factor in cases involving Criminal Possession of a Weapon in the First Degree is the presumption of unlawful intent. According to Kofman, under New York Penal Law § 265.15(4), if a person is found in possession of an explosive substance without proper authorization, the law allows a jury to infer unlawful intent, even if no direct evidence of criminal activity exists. This means that individuals can face severe legal jeopardy based on possession alone.

Additionally, the operability of firearms plays a significant role in these cases. To secure a conviction, the prosecution must demonstrate that the firearms in question are functional. However, Kofman highlights that an individual does not need to be aware that the weapons are operable for the charges to stand.

The definition of a "firearm" under NYPL § 265.00(3) is broad. It includes pistols, revolvers, shotguns with barrels shorter than eighteen inches, rifles with barrels shorter than sixteen inches, assault weapons, and firearms that have been modified to meet these specifications. Antique firearms, however, may qualify for certain exceptions.

Russ Kofman explores several defense strategies available to those accused of violating NYPL § 265.04. Kofman stresses that the Fourth Amendment of the U.S. Constitution, which protects individuals from unlawful searches and seizures, is often a cornerstone of firearm possession defenses.

"If law enforcement officers obtain evidence through an illegal search that violates constitutional rights, that evidence may be suppressed and deemed inadmissible in court," Kofman explains. If a search was conducted without a valid warrant, probable cause, or in an unreasonable manner, a defense attorney can challenge the legality of the evidence.

Another possible defense is duress. Kofman states that under New York Penal Law § 40.00, an individual may argue that they committed the crime due to coercion. If someone was forced into possessing firearms or explosives due to the threat of imminent harm, they may have a viable legal defense.

The consequences of a conviction under NYPL § 265.04 are substantial. As a Class B violent felony, this offense carries significant prison time and financial penalties. A person convicted of this charge faces a minimum prison sentence of five years, with a maximum of twenty-five years. If the accused has a prior felony conviction, the minimum sentence increases to ten years. In addition to imprisonment, a fine of up to thirty thousand dollars may be imposed.

Kofman explains that this classification as a violent felony means that individuals convicted under this statute face strict sentencing guidelines, limited parole opportunities, and long-term consequences that could affect their future employment and civil rights.

Russ Kofman urges those facing Criminal Possession of a Weapon in the First Degree charges to seek immediate legal assistance. Kofman highlights that legal representation can make a significant difference in the outcome of a case, particularly when challenging evidence, negotiating plea deals, or fighting for case dismissals.

"Given the serious nature of these charges, it is critical to work with an attorney who understands New York’s firearm laws and can build a strong defense," says Kofman.

The legal team at Lebedin Kofman LLP can provide comprehensive defense strategies for individuals charged under NYPL § 265.04. Russ Kofman and the firm focus on conducting thorough investigations, analyzing evidence, and advocating for their clients’ rights in court.

Legal challenges related to firearm possession in New York are complex, and Kofman advises individuals to act quickly when facing charges. Early legal intervention can help mitigate the risks associated with a conviction and help ensure that every available defense option is explored.

About Lebedin Kofman LLP:

Lebedin Kofman LLP is a New York-based law firm dedicated to defending individuals facing serious criminal charges, including Criminal Possession of a Weapon in the First Degree. The firm can provide aggressive legal representation and strategic advocacy to protect clients' rights and secure the best possible legal outcomes.

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New York Criminal Defense Attorney Russ Kofman Discusses Criminal Possession of a Weapon in the First Degree

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