Close

Articles Posted in Weapon Possession

Updated:

A Conspiracy of One: Understanding the New York Crimes Against Alleged Manhattan Pipe Bomb Terrorist Jose Pimentel

In a fairly atypical prosecution by the Manhattan District Attorney’s Office, Cyrus Vance, Jr. and Company are spearheading a case in Manhattan Criminal Court against alleged “lone wolf” terrorist, Jose Pimentel. It is alleged that Pimentel was a step or two away from detonating a shrapnel filled pipe bomb somewhere…

Updated:

The Confluence of Robbery & Weapon Crimes in the New York Penal Law: Possessing and Displaying a Firearm During a Theft

As discussed previously on this blog site, Robbery, under NY Penal Law section 160.00, is defined as “forcible stealing.” Thus it differs from other theft crimes for which force is not an element. In this legal context, “forcible” means threatening or using physical force. The force element can be satisfied…

Updated:

New York Criminal Lawyer Weapon Crime Information Page: Defining Weapons Specified Pursuant to New York Penal Law 265.01(1) & Potential Defenses

New York weapon possession lawyers and New York City criminal defense attorneys often have to contend with a penal code that can be voluminous and complicated. In the realm of weapon crimes, one statute may contain five, six or many more subdivisions with specifically defined words that are directly relevant…

Updated:

New York Penal Law 265.01(1): The “Metal Knuckle” & Brass Knuckle Criminal Dilema

One of the most common weapon crimes prosecuted in New York City is the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree. This crime, New York Penal Law 265.01(1), sets forth and establishes certain objects that are automatically considered weapons regardless of whether or not you…

Updated:

Making a Misdemeanor Assault in the Third Degree a Second Degree Felony in New York: When an Object Becomes a “Dangerous Instrument” & a Weapon

As I have noted in earlier entries, a misdemeanor Assault in the Third Degree (New York Penal Law 120.00) can be “bumped up” to a felony Assault in the Second Degree (New York Penal Law 120.05(2)) if the alleged perpetrator uses a “dangerous instrument.” As a New York criminal defense…

Updated:

Arrested for Possessing a Loaded Gun at JFK Airport (NY PL 265.03): New York Criminal Defense Lawyers Get Client Dismissal After Six Months

Saland Law PC, a New York criminal defense firm founded by two former Manhattan prosecutors, is pleased to announce our client received an Adjournment in Contemplation of Dismissal (ACD) after she was arrested for trying to check a firearm (gun, pistol, revolver, etc.) with a desk agent from JetBlue at…

Updated:

Top New York Criminal Defense Results: Client Arrested with Possessing Gun, Drugs and Driving with a Suspended License Avoids Criminal Record

Although it sounded horrific on paper, the New York criminal defense lawyers at Saland Law PC arguably obtained the best result for a client charged with Criminal Possession of a Weapon (a .380 handgun), Criminal Possession of a Controlled Substance (cocaine), Unlawful Possession of Marijuana and Driving with a Suspended…

Updated:

Arrested for a Loaded Firearm at a New York / Queens Airport: Criminal Possession of a Weapon in the Second Degree (265.03) & Your Criminal Defense

You thought you were doing all the right things, but you were arrested at an airport in New York (usually in Queens at either LaGuardia airport or John F. Kennedy – JFK – airport) for possessing a loaded firearm or gun. Your life just went from 0 to 60 mph…

Updated:

Criminal Defense of a Weapon Arrest: Defining “Firearm” as it Relates to New York Gun Crimes and New York Gun / Weapon Possession Laws

One of the more common violent crimes charged in New York is Criminal Possession of a Weapon pursuant to New York Penal Law sections 265.01, 265.02 and 265.03. While the lower level weapon crimes often relate to the possession of knives or similar instruments (gravity knives and switchblades), the more…

Updated:

Is a New York Police Officer’s Unsupported Statement that You Possessed a Weapon in Violation of NY PL 265.01 Sufficient Without Some Basis for That Conclusion

As a New York criminal defense attorney and a former Manhattan prosecutor, I cannot count the number of cases that I have handled involving the crime of Criminal Possession of a Weapon in the Fourth Degree pursuant to New York Penal Law 265.01. Whether an individual is issued a New…

Contact Us