Criminal Sale of a Firearm
While gun ownership is taken as a constitutional right, there are certain state and federal laws intended to curb the authorized use or sale of such items. In New York, weapon-related offenses can carry serious consequences, including potentially heavy prison time and steep penalties.
The illegal sale of a firearm in Queens, for example, can potentially result in a felony conviction. With such serious possible consequences, it's important for men and women charged with this offense to speak with a defense lawyer and evaluate all available options.
Queens Criminal Sale of a Firearm Lawyer
Rochelle S. Berliner, a Queens defense lawyer, represents men, women, and youth charged with illegally selling firearms in New York. She understands the impact of an unfortunate outcome on your future and therefore does not settle for the easiest outcome.
Whether you were arrested for criminal sale of a firearm in Queens, Manhattan, Brooklyn or the Bronx, contact the Law Office of Rochelle S. Berliner. Call 718-261-5600 or send an online message to begin taking the first important steps towards protecting your future from these charges.
Criminal Sale of a Firearm in the Third Degree in Queens, NY
Under N.Y. Penal Law § 265.11, it is a class D Violent felony for a person to sell a firearm if he/she is not authorized to do so. Under the law, a person can be found guilty of this crime if he/she:
- Gives, sells, exchanges, or disposes of a firearm or large capacity ammunition feeding device to another person; or
- Possesses a firearm with intent to sell.
For a person with no prior felony convictions, this felony offense is punishable by a determinate prison sentence of from 2 years to 7 years, followed by a term of post-release supervision.
New York Criminal Sale of a Firearm in the Second Degree
Under N.Y. Penal Law § 265.12, it is a class C Violent felony, to unlawfully sell, exchange, or dispose of five or more firearms to another person at one time or within the period of one year. If convicted, a person with no prior felony convictions can face three-and-a-half years up to 15 years in prison, followed by a term of post-release supervision. Possession of more than five firearms by one person is taken as presumptive evidence that the person possessed the firearms with intent to sell them under N.Y. Penal Law § 265.15.
If a person illegally sells, gives away, exchanges, or disposes of 10 or more firearms at one time or within a one year period, he or she may be found guilty of Criminal Sale of a Firearm in the First Degree. This is a class B Violent felony and if convicted, a person with no prior felony convictions can face from five years to 25 years in prison, followed by a term of post-release supervision.
Criminal Sale of a Firearm with the Aid of a Minor
N.Y. Penal Law § 265.14 states that it is a class C Violent felony offense for a person older than 18 years of age to knowingly use the assistance of a person less than 16 years old to unlawfully sell, exchange, dispose, or give a firearm away. According to this statute, the person under the age of 16 engages in the sale, but the person 18 years or older acts with the mental culpability necessary to commit the offense. This crime is punishable by a prison sentence of from three-and-a-half to 15 years, followed by a term of post-release supervision.
Criminal Sale of a Firearm to a Minor under N.Y. Penal Law § 265.16
A person can face a class C Violent felony if, without the authority or license to possess a firearm, he or she unlawfully sells, exchanges, gives away or disposes of such firearm to a person who is, or reasonably appears to be, less than 19 years old and who is not licensed by law to possess firearms. This crime is punishable by a prison sentence of from three-and-a-half to 15 years, followed by a term of post-release supervision.
Law Office of Rochelle S. Berliner | Illegal Gun Sale Attorney in Queens, NY
If you or a loved one is currently facing charges for the illegal sale of a gun, weapon, or firearm, it's critical that you consider your options and seek the assistance of experienced legal counsel. Regardless of the circumstances of your arrest, your Queens criminal defense lawyer can help find weaknesses in police procedure and the prosecution's case that can be used to your advantage.
Contact the Law Office of Rochelle S. Berliner to receive a complete evaluation of your case. Call 718-261-5600 or submit an online form right now to learn more about your defense options during a free consultation.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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