Brooklyn Weapons Charges Lawyer

New York has some of the strictest gun laws in the country, and Brooklyn prosecutors treat firearms cases as a top priority. Amel Spahija prosecuted firearms investigations as an Assistant District Attorney before founding Spahija Law. He knows exactly how these cases get built, from the stop to the recovery to the ballistics lab, and where they fall apart. If you are facing this charge in Brooklyn, call 646-453-4001 for a free, confidential consultation, available 24 hours a day.

New York Weapons Charges Explained

Most Brooklyn gun cases are charged under Penal Law Article 265:

PL §265.01, Criminal Possession of a Weapon 4th Degree: Class A misdemeanor. Includes many knives and other weapons.
PL §265.02, CPW 3rd Degree: Class D felony. Includes defaced firearms and prior conviction enhancements.
PL §265.03, CPW 2nd Degree: Class C violent felony. Loaded firearm outside the home or business. Carries a 3.5 year mandatory minimum for most defendants.
PL §265.04 and above: first degree possession and criminal sale of firearms, up to Class B violent felonies.
Federal exposure: some Brooklyn gun cases get adopted federally under 18 U.S.C. 922(g), with different sentencing math entirely.

What Is at Stake

CPW 2nd is the workhorse Brooklyn gun charge and it is a violent felony with a mandatory state prison minimum. A conviction means prison, post release supervision, and a permanent violent felony record. These cases are rarely about whether a gun existed. They are about how the police found it, and whether that search survives constitutional scrutiny.

Defenses to Brooklyn Gun Charges

Unlawful stop and frisk. Most Brooklyn gun cases begin with a street stop or car stop. If the stop fails under DeBour or the Fourth Amendment, the gun gets suppressed.
Car presumption challenges. The automobile presumption under PL 265.15 can be rebutted. Presence in a car is not possession.
Constructive possession. The prosecution must prove dominion and control, not proximity.
Defective warrants. Apartment recoveries depend on warrant validity and scope.
Operability. The firearm must be operable. We independently test the ballistics findings.
Statement suppression. Admissions made during the stop are challenged at a Huntley hearing.

What Happens After the Arrest

Gun cases move fast in Kings County. Felony arraignment happens at 120 Schermerhorn Street, bail is contested immediately given the violent felony designation, and the case proceeds to Kings County Supreme Court at 320 Jay Street. The suppression hearing is usually the whole case. We prepare for it from day one, demanding bodycam footage, radio runs, and stop paperwork before memories harden into testimony.

Related Charges We Defend

Brooklyn cases rarely involve a single charge. Prosecutors stack counts, and this one often travels with assault charges, drug charges and robbery. When a case carries several counts, the defense has to answer all of them at once rather than one at a time. You can see every charge we defend in Brooklyn or read how felony and misdemeanor levels differ.

Why a Former Prosecutor Matters

As a former Assistant District Attorney in Brooklyn and Staten Island, Amel Spahija evaluated cases exactly like yours from the other side of the table. He knows how the DA's office weighs the evidence, when it reduces charges, and where its cases break. Read about the former prosecutor advantage, then see our recent Brooklyn case results.

Frequently Asked Questions

Is there a mandatory minimum for gun possession in Brooklyn?

CPW 2nd Degree carries a 3.5 year mandatory minimum state prison sentence for most defendants. Limited exceptions exist, which is why the charge level matters enormously.

The gun was not mine. Can I still be charged?

Yes, under constructive possession and the automobile presumption. But both theories can be attacked, and presence alone is not enough to convict.

Can a Brooklyn gun case go federal?

Yes. Cases involving prior felony convictions or trafficking allegations are sometimes adopted by the Eastern District of New York, where sentencing works very differently. We handle both.

What is a Mapp Dunaway hearing in a gun case?

It is the suppression hearing challenging the stop and the search. In most Brooklyn gun prosecutions, winning this hearing ends the case.

Free Consultation

The earlier we get involved, the more options exist. Call 646-453-4001 for a free consultation with a criminal defense lawyer in Brooklyn, or book 30 minutes with Amel directly.