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Felony Weapons Charge Drastically Reduced

Client never served one day of a potential 15-year prison sentence for road rage and weapons 

Challenge: Our client was a middle-aged man from Rockland County, New York who had no prior convictions or arrest record. He was driving in Brooklyn with his mother in the passenger seat when another driver antagonized him. 

In a moment of blind rage, our client displayed his loaded gun to the other driver, though he had no intention of firing it. The cops were called and arrived very quickly, as both drivers happened to be at a busy intersection near the precinct. 

Our client wrongly believed that because his gun-carry permit was issued in New York State, that it would be valid throughout the state. This is a common misconception; possession of a loaded firearm is a serious charge if arrested in New York City. In this case, it was even more severe because the gun was used to intimidate another person. 

Brandishing a loaded gun in New York’s five boroughs is a criminal offense and violation of NY Penal Law 265. He faced a 15-year prison sentence for brandishing a weapon that was not fired. 

Solution: The client was referred to D’Emilia Law by a friend in the business community. We had our work cut out for us. 

We went above and beyond for our client to demonstrate that he was not a serious risk to others and that this arrest was an isolated incident. His spotless record and genuine remorse supported our claim. We drafted motions to dismiss and also put our negotiation skills to task. 

Since the incident occurred in Brooklyn – where the D’Emilia Law founders worked as prosecutors for decades – we thankfully had direct lines of communication to the district attorney’s offices. Between our stellar reputation with the prosecutor’s office and our tenacious efforts, we were confident we could prevent our client from serving any prison time. 

Result: Our ability to collaborate and essentially “go to bat” for our client throughout the six months of his case helped us secure a favorable outcome. 

The client did not serve any prison time. He served five years of probation. We also presented him to the probation officer, who acknowledged that the client was acting responsibly under the terms. He is still on probation and has since resumed his personal and professional lives without further incident.

Many gun owners believe a firearm purchased legally in the state can be brought anywhere. That is not true. If you are found with a loaded gun in New York City, you will be arrested. Had our client actually fired the gun, he likely would have had to serve time in prison. Our intricate knowledge of the law, and willingness to vouch for the client’s good overall character was instrumental in securing the reduced sentence. 

Weapons Crimes practice area page: www.demilialaw.com/how-we-can-help/weapons-crimes/