New York City Gun Crime Lawyer

Gun charges in New York carry some of the most punishing mandatory minimums in the country. The state’s criminal possession statutes are layered, technical, and prosecuted aggressively by both the Manhattan District Attorney’s Office and federal prosecutors in the Southern and Eastern Districts of New York. A single arrest involving a firearm can trigger consequences that extend far beyond jail time, touching immigration status, professional licenses, civil service employment, and the ability to hold a security clearance. A New York City gun crime lawyer who understands how these cases move through both state and federal court is not a luxury for someone facing these charges. It is a necessity.

New York’s approach to firearms is among the strictest in the nation. Unlike many states, New York does not recognize concealed carry permits from other jurisdictions, and even licensed gun owners from out of state can find themselves facing felony charges after a traffic stop or airport security screening. The gap between what gun owners in other states believe is legal and what New York actually permits has produced an enormous volume of prosecutions, many against people with no prior criminal history and no violent intent whatsoever.

At the same time, the city has seen an aggressive push by both the NYPD and federal task forces to prosecute illegal firearms trafficking cases, ghost gun cases, and gang-related weapons charges under RICO and conspiracy theories that dramatically expand the potential exposure of anyone connected to a firearm, however tangentially. The stakes in these cases demand someone who has actually stood inside these courtrooms and knows how prosecutors in this city build, and can be forced to abandon, their cases.

Why The Law Offices of Jason Goldman for NYC Gun Crime Defense

Jason Goldman began his legal career as a Brooklyn prosecutor, moving through some of the borough’s most serious felony cases before transitioning to private defense. That trajectory matters in a gun case. He has sat on both sides of these prosecutions, understands how NYPD detectives build firearms cases from the ground up, how the Brooklyn DA’s office and the Manhattan DA’s office approach mandatory minimums differently, and how federal prosecutors in the SDNY and EDNY construct conspiracy charges around weapons. That prosecutorial instinct now works entirely for the defense.

Mr. Goldman has tried over 25 cases to verdict and represents clients across every phase of criminal litigation, from pre-arrest investigations where intervention can prevent charges from ever being filed, to post-conviction sentencing and appellate work. His firm has been described by the New York Post as “high-powered” and by Fox 5’s Rosanna Scotto as the attorney to call when you need a good lawyer. Those assessments reflect a practice built on high-stakes cases where the margin for error is zero. His client roster has included corporate executives, politicians, doctors, athletes, and public figures, as well as individuals from all walks of life who find themselves in legal situations that could define the rest of their lives.

For gun cases specifically, Mr. Goldman relies on a network of forensic experts and private investigators to counter-investigate the prosecution’s evidence. In firearms cases, that often means scrutinizing the chain of custody for ballistics evidence, challenging the reliability of informants, examining whether search and seizure procedures were followed, and identifying the gaps in surveillance footage or digital evidence that prosecutors often treat as conclusive. His philosophy is to control the narrative from the earliest possible moment, whether that means pre-arrest engagement with investigators or immediate post-arrest strategic positioning.

The Gun Charges Most Commonly Prosecuted in New York City

• Criminal Possession of a Weapon (CPW): New York’s CPW statutes cover unlicensed possession of loaded firearms, illegal weapons, and possession under circumstances that suggest intent to use. The degree of the charge depends on factors like the type of firearm, whether it was loaded, and whether the defendant has prior convictions. CPW in the second degree is a class C violent felony carrying a mandatory minimum prison sentence.
• Criminal Sale of a Firearm: Selling, exchanging, or otherwise disposing of a firearm without proper licensing is a felony offense in New York. These cases frequently arise from undercover NYPD operations or controlled buys coordinated with federal task forces targeting trafficking corridors between southern states and New York City.
• Ghost Gun Possession and Manufacturing: Unserialized firearms assembled from commercially available components have become a major prosecutorial focus in New York. Possession of ghost guns, as well as possession of the parts used to manufacture them with intent to assemble, can trigger both state and federal charges simultaneously.
• Federal Firearms Charges (18 U.S.C. Section 922): Federal gun prosecutions often accompany drug trafficking charges, carjacking, or bank robbery allegations. A prohibited person in possession of a firearm faces significant mandatory minimums in federal court, and the Sentencing Guidelines can stack exposure rapidly. Federal cases in this district are prosecuted by the U.S. Attorney’s Offices for the Southern and Eastern Districts of New York.
• Armed Violent Felony Charges: When a firearm is used or displayed during the commission of another violent crime, robbery, assault, or a home invasion, New York law treats the weapons component as an aggravating element that affects both the charges filed and the sentencing exposure. These cases frequently involve mandatory consecutive terms.
• Out-of-State Permit Violations: Travelers entering New York City from states where they hold valid carry permits often discover that New York does not honor those permits. Airports, train stations, and routine traffic stops have all produced these cases. Although some defendants qualify for a safe harbor provision under federal law, the circumstances are narrowly defined and require immediate legal attention.
• Defaced and Modified Firearms: Possession of a firearm with an obliterated, removed, or altered serial number carries its own statutory basis for prosecution in New York, separate from the underlying possession charge. Federal law independently criminalizes possession of a firearm with a removed serial number.

Guns, Search and Seizure, and Why the Evidence Itself Is Often Challenged

A substantial number of gun cases in New York hinge not on whether a defendant possessed a firearm, but on whether the police had the legal authority to discover it in the first place. The Fourth Amendment prohibition on unreasonable searches and seizures is the most powerful tool available in many of these cases. If a firearm was recovered from a car stop where the traffic basis was pretextual, from a stop-and-frisk that lacked reasonable suspicion, or from a premises search conducted without a valid warrant, a motion to suppress that evidence can result in the charge being dismissed outright because without the gun, there is no case.

New York has its own constitutional and statutory framework layered on top of federal Fourth Amendment doctrine. The state’s highest court has at times interpreted New York’s constitution to provide broader protections than the federal floor. Understanding those distinctions, knowing when to litigate the state claim separately and when to press the federal argument, is the kind of granular procedural knowledge that comes from years inside these courtrooms.

Beyond suppression, gun cases raise distinct evidentiary challenges. Who had constructive versus actual possession of the firearm? Was there a valid license that was overlooked or misapplied? Were multiple people present when the gun was found, raising genuine questions about attribution? In cases involving ballistics, serial number analysis, or gunshot residue testing, expert witnesses can rebut or contextualize the prosecution’s scientific conclusions. These are not abstract possibilities. They are the specific mechanisms by which charges get reduced or dismissed in cases that prosecutors initially treat as open-and-shut.

What to Do Immediately After a Gun Arrest in New York City

Say nothing. That instruction is not a figure of speech. Police officers and detectives in New York City are trained to conduct field interviews and station house questioning that feel conversational but are designed to produce admissions. Anything said during that process, even statements that seem neutral or explanatory, can be used to establish possession, knowledge, or intent. The right to remain silent exists precisely for this moment, and invoking it politely but clearly is the single most consequential thing someone can do in the immediate aftermath of a firearms arrest.

Gun arrests in New York City are typically processed through the Manhattan Central Booking facility at 100 Centre Street or through borough-specific arraignment courts depending on where the arrest occurred. Brooklyn cases move through the Kings County Criminal Court. Bronx cases through Bronx County. Queens through Queens County. Federal arrests are presented to magistrate judges in the SDNY courthouse at 500 Pearl Street or the EDNY courthouse in Brooklyn at 225 Cadman Plaza East. Each venue has its own prosecutorial culture, and the defense approach should be calibrated accordingly from the first court appearance.

Arraignment typically happens within 24 hours of arrest in New York. That first appearance sets the bail posture for everything that follows. A defense attorney who is present at arraignment, armed with background information about the defendant, can make the difference between release and pre-trial detention. Pre-trial detention in a case with a mandatory minimum upon conviction creates enormous pressure to accept a plea regardless of the merits. Early attorney involvement is not just about strategy; it is about preserving the defendant’s ability to actually fight the case.

Avoid discussing the arrest with anyone other than your attorney. Text messages, phone calls from jail, and social media posts have been used to destroy defenses that would otherwise have succeeded. Do not reach out to witnesses. Do not attempt to retrieve or explain the circumstances of the firearm. Let the attorney shape the narrative from the point of engagement forward.

Questions About NYC Gun Crime Cases

Is possession of a handgun always a felony in New York?

Loaded firearm possession without a valid New York license is generally a felony under the criminal possession statutes. Unloaded possession can carry misdemeanor exposure under certain circumstances, but the specific charge depends on the type of weapon, whether it was loaded, the location of the arrest, and the defendant’s prior history. The analysis is fact-specific and requires immediate review by a NYC gun crime attorney.

Can a gun charge in New York be prosecuted federally?

Yes. NYPD task forces operate in close coordination with the ATF and federal prosecutors. A state gun arrest can be adopted by federal prosecutors, particularly when the underlying facts involve drug trafficking, a prior felony record, or evidence of trafficking across state lines. Federal charges carry their own sentencing structure and are often more severe than the equivalent state charge.

What is the difference between actual and constructive possession?

Actual possession means the firearm was physically on the defendant’s person. Constructive possession means the defendant had dominion and control over a location, such as a car, apartment, or bag, where the gun was found. Constructive possession requires the prosecution to prove knowledge and control, which creates meaningful room for defense arguments when multiple people had access to the same space.

Does a first-time offense change the outcome in a CPW case?

First-time offender status is a mitigating factor at sentencing but does not eliminate mandatory minimums for the most serious weapon charges. Certain second-degree CPW convictions carry mandatory state prison time regardless of prior history. Pre-conviction negotiation, including exploring whether the prosecution would accept a reduced charge, is critical and depends heavily on the specific facts and the prosecutor’s office handling the case.

Can a gun charge be expunged or sealed in New York?

New York’s record sealing law allows certain convictions to be sealed after a waiting period and upon meeting specific eligibility requirements. However, sealing is not available for all offenses, and violent felony convictions carry additional restrictions. The rules are technical and the application process requires careful attention to eligibility. An attorney can evaluate whether a prior conviction qualifies.

What happens if the gun was not mine but was found in my car?

New York has a statutory presumption that all occupants of a vehicle in which a loaded firearm is found are in possession of that weapon. That presumption is rebuttable, meaning it can be challenged, but the burden shifts in a way that creates real danger for passengers who had no knowledge of or connection to the firearm. These cases require aggressive factual development and often involve witnesses, cell phone location data, or vehicle access records that can establish a defendant’s actual distance from the weapon.

How does a gun charge affect immigration status?

Many firearms convictions qualify as aggravated felonies or crimes involving moral turpitude under federal immigration law. A conviction can trigger mandatory detention, removal proceedings, and permanent bars to certain immigration benefits. Non-citizens facing gun charges in New York City need defense counsel who understands the immigration consequences of every possible disposition, including guilty pleas to reduced charges, before accepting any resolution.

What is the difference between a state gun case in Supreme Court versus Criminal Court?

Felony gun charges in New York are typically indicted and prosecuted in Supreme Court, which sits in each borough. Misdemeanor weapons cases remain in Criminal Court. The distinction matters because Supreme Court cases are presented to grand juries, and the grand jury process itself creates strategic opportunities, including the right of a defendant to testify before indictment in certain circumstances. The decision of whether and how to engage with the grand jury is one of the most consequential early choices in a felony gun case.

Can the arresting officer’s credibility be challenged in a gun case?

Yes, and in New York City gun cases it frequently is. The NYPD’s history with stop-and-frisk litigation has produced a body of case law scrutinizing officer testimony about observations that justified stops and searches. Defense attorneys with experience in New York firearms cases know how to examine police paperwork, radio transmissions, body camera footage, and disciplinary records to identify inconsistencies that undermine the official account of how the gun was found.

Is it possible to avoid prison in a mandatory minimum gun case?

Mandatory minimums in New York can sometimes be navigated through charge negotiation before conviction. If the prosecution agrees to a plea to a lesser charge that does not carry a mandatory minimum, the statutory floor drops. Whether that outcome is achievable depends on the specific facts, the strength of the defense, the prosecutor’s assessment of the evidence, and the relationships and advocacy that defense counsel brings to the negotiation. It is not guaranteed, but it is the reason pre-conviction strategy matters so much.

NYC Gun Crime Representation Across the Five Boroughs and Beyond

The Law Offices of Jason Goldman represents clients facing firearms charges across all five boroughs of New York City, from the Brooklyn neighborhoods of Crown Heights, Flatbush, Brownsville, and Red Hook to the Queens communities of Jamaica, Flushing, Astoria, and South Ozone Park. In Manhattan, the firm handles cases arising from Harlem, Washington Heights, the Lower East Side, Chelsea, Midtown, and the Financial District. Clients in the Bronx, including those charged in connection with matters arising from Mott Haven, Fordham, Riverdale, and Co-op City, receive the same level of representation. Staten Island gun cases, whether originating from St. George, Staten Island North Shore communities, or the South Shore neighborhoods, are also part of the firm’s practice.

Beyond the city itself, Mr. Goldman is admitted in both the Southern and Eastern Districts of New York for federal matters and maintains pro hac vice admission throughout the country for matters that require his involvement. Clients from Long Island, Westchester County, New Jersey, and other jurisdictions who face gun charges rooted in New York or in federal court in this district have also retained the firm. The geographic scope reflects a practice that is defined by the significance of the case, not its zip code.

Speak with a New York City Gun Crime Attorney Today

Gun charges do not wait, and the window for early intervention in a firearms prosecution closes faster than in almost any other criminal matter. Decisions made in the first hours and days after an arrest, what was said, what evidence was handled, whether an attorney was present at arraignment, shape the entire trajectory of the case. If you or someone close to you is facing weapons charges anywhere in the New York metropolitan area, contact the Law Offices of Jason Goldman now to speak with a New York City gun crime attorney who has been inside these cases from both sides of the courtroom and knows how to fight them.

Reach Mr. Goldman directly at jg@jasongoldmanlaw.com or by phone. The firm is located at 275 Madison Avenue, 35th Floor, New York, NY 10016. Initial consultations are handled with discretion, and all communications are protected by attorney-client privilege from the moment representation begins.