WEAPON CHARGES

Understanding Weapon Charges

Weapon charges in New York encompass a wide range of offenses, from simple possession to the use of a weapon during the commission of a crime. The severity of the charge often depends on the type of weapon involved, the circumstances of its possession or use, and the defendant's prior criminal history. At Ladis & Baldwin Law Group, PLLC, we handle all types of weapon-related cases, including but not limited to:



• Illegal Weapon Possession: New York has strict laws governing the possession of firearms, knives, and other dangerous weapons. Possessing a firearm without a permit or carrying a concealed weapon without the proper authorization can lead to serious criminal charges, even if the weapon was not used.
• Criminal Possession of a Weapon: This charge can apply when someone is found in possession of a weapon under circumstances that suggest they intended to use it unlawfully. Criminal possession of a weapon can be classified as a misdemeanor or felony, depending on factors such as the type of weapon and whether the defendant has prior convictions.
• Possession of a Weapon by a Convicted Felon: It is illegal for convicted felons to possess firearms or other weapons. A violation of this law can lead to enhanced penalties and additional charges.
• Use of a Weapon in the Commission of a Crime: If a weapon is used during the commission of a crime, such as robbery or assault, the defendant may face significantly harsher penalties. The use of a firearm, in particular, often results in mandatory minimum prison sentences.
• Possession of Assault Weapons: New York has stringent laws regarding the possession of assault weapons and large-capacity ammunition feeding devices. Violating these laws can lead to serious felony charges, with penalties that include long-term imprisonment.

The consequences of a weapon charge conviction in New York are severe and can include prison time, substantial fines, and a permanent criminal record. Depending on the specific charge and the circumstances of the case, individuals convicted of weapon-related offenses may face:

• Prison Sentences: Felony weapon convictions often come with mandatory minimum sentences. For example, criminal possession of a weapon in the second degree can result in a sentence of up to 15 years in prison. The use of a firearm during the commission of a crime can trigger even longer sentences due to New York’s tough gun laws.
• Fines and Restitution: In addition to prison time, convicted individuals may be required to pay hefty fines or restitution, particularly in cases where a weapon was used to cause harm or damage property.
• Loss of Civil Rights: A weapon-related conviction can lead to the loss of important civil rights, including the right to own a firearm, vote, or hold certain professional licenses.
• Damage to Reputation and Future Opportunities: Beyond the legal penalties, a weapon charge conviction can have long-lasting effects on your personal and professional life. It may become difficult to find employment, obtain housing, or pursue educational opportunities with a criminal record involving a weapon.

Strategic Defense Approach

At Ladis & Baldwin Law Group, PLLC, we recognize that every weapon charge case is unique, and we approach each one with a tailored defense strategy designed to fit the specific facts and circumstances of your situation. Our attorneys conduct a thorough investigation into the circumstances surrounding your arrest, the legality of the search and seizure, and any other relevant factors that may impact your case.

Key aspects of our investigation include:

• Challenging the Legality of the Search and Seizure: Weapon charges often arise from searches conducted by law enforcement. We carefully examine whether the police had probable cause to search your person, vehicle, or home, and whether they followed proper procedures. If your rights were violated during the search, we may be able to have the evidence suppressed, weakening the prosecution’s case.
• Evaluating the Evidence: We scrutinize the evidence presented against you, including forensic analysis, witness testimony, and any statements made to law enforcement. We work to identify inconsistencies or weaknesses in the prosecution’s case that can be used in your defense.
• Investigating Intent: In many weapon possession cases, intent is a crucial factor. If you were unaware that the weapon was in your possession or if the weapon was possessed legally under certain conditions, we will highlight these points to mitigate the charges or seek dismissal.

Based on the evidence and the specifics of your case, our team at Ladis & Baldwin Law Group, PLLC will craft a robust defense strategy that aligns with your best interests. Potential defenses against weapon charges include:

• Lack of Knowledge: If you were unaware that the weapon was in your possession (for example, if it was found in a vehicle you were driving but did not own), this may be a viable defense to contest the charges.
• Lack of Intent: In cases where intent to use the weapon unlawfully is a key element of the charge, we work to demonstrate that no such intent existed. This is especially important in cases involving criminal possession of a weapon.
• Unlawful Search or Seizure: If law enforcement violated your constitutional rights during the search that led to the discovery of the weapon, we will file motions to suppress the evidence, which could result in a dismissal of the charges.
• Self-Defense: In cases where a weapon was used, such as in an aggravated assault, we may argue that you acted in self-defense or were defending someone else from imminent harm.
• Plea Negotiations: In some cases, negotiating with the prosecution for reduced charges or alternative sentencing options may be in your best interest. We are skilled negotiators and will work to achieve the most favorable outcome possible, whether through plea deals, alternative sentencing, or reduced penalties.

Comprehensive Legal Support

At Ladis & Baldwin Law Group, PLLC, we understand the anxiety and uncertainty that come with facing weapon charges. From the moment you contact us, we are committed to providing you with clear, open communication and personalized legal guidance. We offer both in-person consultations at our Mineola office and remote services for clients across Nassau and Suffolk Counties, ensuring that you have access to the legal support you need, wherever you are.

We take the time to explain the charges against you, the possible outcomes, and the legal strategies available to you, ensuring that you are fully informed and empowered to make the best decisions for your defense.



At Ladis & Baldwin Law Group, PLLC, we combine compassionate support with aggressive advocacy. We understand the impact that weapon charges can have on your life, and we are here to stand by your side throughout the legal process. Our attorneys will fight tirelessly to protect your rights, challenge the prosecution's evidence, and pursue every possible avenue to secure a favorable outcome.

We know that weapon charges are not just about legal consequences—they are about protecting your freedom, your future, and your reputation. Whether through negotiations, court hearings, or trial, we are committed to providing you with the expert legal representation you need to overcome these charges and move forward with confidence.



Contact Us for Expert Representation

If you are facing weapon charges, time is critical. The sooner you seek legal representation, the better your chances of achieving a favorable outcome. At Ladis & Baldwin Law Group, PLLC, our dedicated attorneys are ready to provide you with the knowledgeable defense and aggressive advocacy you need. Contact us today to schedule a consultation and take the first step toward protecting your future.