Greenwald Law Firm Explains Defense Against Unlawful Possession of a Firearm in New York State

September 02, 2022 at 11:44 AM EDT

The Greenwald Law Firm, a criminal defense firm in Middletown NY, has recently published a blog post that explains the defense against the charge of unlawful possession of a firearm in Middletown and Orange County NY. When a person is found by the police to be in possession of a firearm without a license, including shotguns and rifles, the precise New York firearms charge will depend on a number of criteria. Among such factors are the location, whether outside the home or place of business, in a vehicle, and whether the weapon was allegedly used in the performance of another crime. It is important to note that many firearms crimes in New York have a minimum mandatory prison sentence.

In determining the defense against the charge of criminal possession of a weapon in the second degree, which is the most frequent guns accusation in the State of New York, it is important to note that the police typically recover firearms allegedly as a result of an unlawful search and seizure. Based on the US and New York State Constitutions, an individual cannot be searched simply because a police officer wants to perform a search. The police must be able to establish a particular level of suspicion based on the claimed circumstances.

There is a legal presumption in New York State about weapons and firearms that are discovered in general in a vehicle. According to Penal Law, there is a presumption that if a firearm is found in a car, it is presumed that all occupants own the weapon. But there are three exceptions to this presumption. The first one is if the weapon was found on the person of one of the passengers. Second, the presumption will not apply for on-duty drivers for hire, such as for Uber, Lyft, and taxis. The third exemption is if one occupant of the car has a valid firearms license.

Meanwhile, people who legally own and possess a firearm in their home state will usually find themselves charged with a firearms offense when they arrive in New York, according to the Greenwald Firm. It is important to note that there are many reasons why an individual might forget that he or she has a firearm if the gun restrictions in their home state are not as strict as those in the New York State. It is vital for the judge or jury to determine if a person had knowingly possessed a firearm. And it is important to determine whether the required knowledge can be established beyond a reasonable doubt from the proven evidence.

Attorney Benjamin Greenwald is committed to protecting the rights and freedom of his clients from his offices in Middletown, NY, and he has been doing so for over a decade. He has represented thousands of clients residing in the Orange County area and has tried and won several cases at the county, state, and federal levels. He has also argued numerous appeals in both the appellate term and appellate division. And he has never worked as a government prosecutor, unlike most criminal defense attorneys in NY. He has always offered his services to the accused and will always continue to defend the accused through even the most difficult situations and doing whatever it requires within the bounds of the law to get a successful conclusion for his client. As a well-experienced trial attorney, he understands what is needed to win in the courtroom and he will never try to convince his client to accept a plea deal when going to trial can offer a better result. The law firm services Hudson Valley New York, including Sullivan County, NY, Dutchess County, NY, Orange County, NY, Ulster County, NY, and Hudson Valley, NY.

People who would like to know more about the criminal defense lawyer services offered can visit the Attorney Greenwald - Middletown, NY website, or contact them through the telephone or by email. They are open from 9:00 am to 5:00 pm, from Monday to Friday.

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For more information about Law office of Benjamin Greenwald NY Criminal Defense Attorney, contact the company here:

Law office of Benjamin Greenwald NY Criminal Defense Attorney
Benjamin Greenwald
(845) 567-4820
ben@greenwaldfirm.com
210 E Main St Suite 301
Middletown, NY 10940