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Articles Posted in Weapon Possession

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All “Weapons” are not Equal: Understanding Subsection Two of Fourth Dgree Criminal Possession of a Weapon (NY PL 265.01(2))

New York State is on tough place to face a criminal charge. Yea, there are always concerns with New York’s “strict liability” crimes where knowledge, as opposed to intent to commit a crime, is a sufficient basis for an arrest and conviction, but in the realm of New York City…

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NYC Firearm & Gun Arrests: Can You Get Your Firearm or Gun Back from the Police if it was Seized After Your Arrest at JFK or LaGuardia Airports

Among many concerns that someone arrested for possessing a loaded (or unloaded) firearm, pistol, revolver or similar gun at a New York City airport may face, is how, if at all, the firearm can be returned subsequent to a resolution of the criminal case. Whether you are charged with a…

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Per Se Weapons & Fourth Degree New York Weapon Crimes: Defining Bludgeon and Identifying Defense Practices in a NY PL 265.01 Arrest

There are countless means in which a non-weapon, if used in a particular way, becomes a weapon in the eyes of the law. In New York, a tree branch, spoon, pair of shoes or just about anything else, if used in violent and assaultive way, can be the basis of…

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NYC Weapon & Imitation Pistol Crimes: Understand the Administrative Code and “Reasonably Perceived” Language

Not all of New York’s weapon crimes are located or found in the New York Penal Law. Certainly, a review of Article 265 of the New York Penal Law will reveal the most serious gun and firearm crimes such as Criminal Possession of a Weapon in the Second Degree (New…

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Gun Arrest JFK Results in ACD Dismissal: New York Criminal Possession of Firearm Arrest Results in No Record

In the best of all scenarios, the New York criminal defense attorneys and former Manhattan Assistant District Attorneys at Saland Law PC are proud to announce the granting of an Adjournment in Contemplation of Dismissal (commonly called an ACD) on behalf of a client arrested for Second Degree Criminal Possession…

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Limiting the a New York Police Officer’s Right to Inquire about Weapon Possession in a Vehicle: People v. Garcia

There is no denying that armed offenses and mere weapon possession are some of the most serious crimes in the New York Penal Law. Its equally clear that police officers in New York should be able to protect themselves from potential danger when they stop a person who committed a…

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New York Gun Possession Lawyers Get Dismissal in Airport Loaded Firearm Possession Arrest

There are few things worse than believing you are compliant with the law, but quickly learning you are not. Even more concerning, when the crime involves the possession at an airport of a “loaded” firearm or gun that you believe is properly secured with the ammunition removed, things can look…

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Using a Belt to Strike a Child: Can Your Actions Constitute Assault, Endangering the Welfare of a Child & Weapon Possession?

Any crime that involves a child is often given extra scrutiny by prosecutors, judges and even New York criminal lawyers. Compounding matters, if that crime also includes allegations of Assault and Criminal Possession of a Weapon, there is a real concern for the accused whether or not the complaint is…

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Suppressing a Box Cutter, Gravity Knife or Other Weapon in New York Courts: Does it Matter if the Basis of Your Search was Non-Criminal?

Criminal Possession of a Weapon in the Fourth Degree, otherwise known as Fourth Degree Weapon Possession, is a fairly common misdemeanor arrest charge throughout the boroughs of New York City and the rest of New York State. Beyond an arrest for NY PL 265.01, the police can issue a NYC…

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Criminal Possession of a Weapon Defense: Does the “Car & Automobile Presumption” for New York Firearm & Gun Possession Apply if the Weapon is Inoperable?

There are few crimes that prosecutors in New York take as seriously as those involving the illegal possession of firearms, revolvers, pistols, glocks and other weapons. In fact, not only is it an “automatic” felony in New York to possess a loaded firearm outside your home or place of business…

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