Our Westchester and NYC criminal Defense Lawyer have extensive experience in defending gun charges. Gun charges are taken very seriously in New York and Westchester and if you are facing a gun charge, you need aggressive representation. Gun charges have very serious consequences and you need an aggressive attorney. Our NYC and Westchester criminal defense lawyers are on your side.


New York’s gun laws are complicated and the severity of the possible sentence varies based upon a lot of factors. The possession of a firearm is a misdemeanor which is punishable by up to a year in jail. The possession of a firearm becomes a Class D felony when the person who possesses the weapon has previously been convicted of any crime. Possession of a firearm is also a Class D felony when one possesses three or more firearms, a firearm silencer, an assault weapon, a machine-gun or any other firearm or weapon simulating a machine-gun or which can be made into a machine gun. A person can also be convicted of a Class D felony if they knowingly possess a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of the weapon. Not only firearms are class D felonies but also the possession of a disguised gun or a large capacity ammunition feeding device.

New York’s gun laws make it a Class C Felony to possess a loaded firearm, five or more firearms or with intent to use a firearm unlawfully against another person, possessing a machine-gun; or a disguised gun.


Most gun cases based upon street encounters or traffic stops, involve search and seizure issues and this is where the cases are won and lost. If a gun was found through an unlawful search or an invalid warrant, these cases can be won. Additionally, possession issues are very complicated and require extensive preparation and investigation to fight. Often if a gun is found in a car or home, everyone will be arrested and charged. While technically, the police are allowed to do this, defending the case depends on establishing that you did not possess the gun even though you may have been near the gun. New York law requires intentional possession of a gun, so obviously you can't possess a gun that you didn't know about. 


The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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18 W 33rd St
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New York, NY 10001

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203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

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