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No Jail Time and Greatly Reduced Charges Following Weapons Arrest

D’Emilia Law’s creativity and negotiation skills keep client from years in jail for firing a gun into the air 

Challenge: Our client was a young man in his 20s who works as a building employee near the offices of D’Emilia Law. He is a college graduate, a loving father and son with no criminal arrest history. 

On Dec. 31, 2019, he and his brother and friends were in a vacant area in Brooklyn. As they ushered in the new year, he fired a gun into the air out of foolishness. No one was injured, but nearby residents called 9-1-1 and audio surveillance corroborated the report. Grief-stricken and remorseful, our client entered the local Brooklyn precinct and confessed to firing the gun in an effort to protect himself and his brother. 

NYC police and prosecutors take weapons charges very seriously. Though no one was injured, our client used a gun that was not registered to him and caused a safety risk. Brooklyn law enforcement charged him with a B-level felony – a violent offense – and threatened nearly four years in prison for using a deadly weapon. 

Solution: The client had retained two other lawyers and was not satisfied with the results. Thanks to positive word of mouth due to the proximity to our office, he hired D’Emilia Law for a more effective criminal defense that would result in less jail time. 

Firm founder and NYC criminal defense lawyer Paul D’Emilia contacted the Brooklyn District Attorney’s office in an effort to have the sentence reduced. As a longtime career prosecutor in Brooklyn who left a lasting impact, Paul was able to make progress with the District Attorney and negotiated a less severe penalty. We demonstrated that the client’s confession set a hopeful tone and it helped us advocate for an alternative to jail.

The Brooklyn prosecutor agreed to interview the client as a candidate for a gun violence prevention program. Paul accompanied the client in the interview, and he was deemed a viable candidate for this rehabilitative program. His willingness to accept responsibility and remorse also contributed to the drastic reduction of the charges. 

Result: By agreeing to participate in the program, the prosecution reduced the initial felony weapons charge. And upon completion of the program and several hours of community service, he will plead guilty to a lesser charge of a misdemeanor. We completed avoided a trial. Our client will not serve one day in jail, nor probation, nor will he have a felony record. 

Our client came to us facing a 3-and-a-half-year sentence and being a “convicted felon” for the rest of his life. By leveraging our creativity and strong relationships, we were able to prevent that outcome. What makes this case even more gratifying for D’Emilia Law is that we still see this client working at a job he loves. He continues to earn a living and support his family, and it is immensely satisfying to see first-hand how our NYC criminal defense has made a difference in a client’s life. 

NYC Weapons Charges Page