New York Criminal Lawyers Blog

As a New York City criminal defense lawyer, I have seen a dramatic increase in the amount of arrests being made for possession of a knife. Now the New York Police Department is targetting individuals who have knives with clips.

The police have been on lookout for these clips and when they see the clip, they search the person with the clip. They have made numerous arrests for knives that are not actually illegal.

The most common charge is criminal possession of a weapon, a midemeanor which outlaws gravity knives, which open by centrivical force. We have heard accounts of the police slightly opening the knife and then flicking it to try and claim it is a gravity knife when it is not.

Even when the knife is not outlawed by the Penal Law, the New York City Police are charging people with violations of the New York City administrative code. The Code outlaws knives with four inch blades or knives in open view. The New York Police are taking the silly position that since the clip is in public view, this provision is violated even though the knife cannot be seen.

Our New York criminal defense lawyers regularly defend those charged with knife crimes.

Often commercial trucks driver interstate and when crossing state lines are suddenly subject to different criminal laws. Often in the South and in Middle America, it is not illegal to possess a weapon. In fact commercial truckers often carry weapons for personal protection such as taser guns, mace pepper spray, butterfly knives, brass knuckles and even handguns.

Unfortunately New York has very stringent weapons laws and even unknowing violations can land a commercial trucker in jail. Michael Joseph is a New York criminal defense lawyer who has represented numerous interstate truckers in weapons charges. We have successfully achieved non-criminal resolutions for commercial truckers on several occassions.

Commercial truckers from out of state who enter New York are at risk for arrest when they possess a weapon. Usually a routine traffic stop will result in an arrest if a New York police officer observes a weapon in the cab. If you or your trucker employee has been arrested in New York for a weapons charge, call our New York criminal defense attorneys. All after hour voicemails are forwarded to New York criminal defense lawyer, Michael Joseph's cell phone. All calls will be returned.

Michael Joseph is a New York criminal defense attorney with extensive experience with weapons charges and regularly appears in the Courts of New York City (Bronx, Queens, Brooklyn), Westchester, (White Plains, Yonkers, Harrison, Port Chester, Ossining, Ardsley, Bronxville, Scarsdale, Elmsford and Tarrytown)

As a New York criminal defense lawyer in New York City and Westchester (White Plains), I have handled numerous weapsons charges. A new decision toughens the requirement of what officers must put in a criminal complaint to establish a knife is a gravity knife. Officers in New York often claim that every knife they find is a gravity knife to justify the charge. However, not every knife is a weapon for purposes of Penal Law.

§ 265.01 (1) outlaws possession of a gravity knife, among other weapons. The Penal Law defines a gravity knife as one with a blade that (1) "is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force" and that (2) "when released, is locked in place by means of a button, spring, lever or other device. This definition distinguishes gravity knives from certain folding knives that cannot readily be opened by gravity or centrifugal force. the law in New York requires that the blade lock in place automatically upon its release and without further action by the user distinguishing a gravity knife from, for example, a "butterfly knife," which requires manual locking.

The New York Court of Appeals recently held that a conclusory statement that an object recovered from a defendant is a gravity knife does not alone meet the reasonable cause requirement. The Court held that an arresting officer should, at the very least, explain briefly, with reference to his training and experience, how he or she formed the belief that the object observed in defendant's possession was a gravity knife. Where, the accusatory instrument contained no factual basis for the officer's conclusion that the knife was a gravity knife, as opposed to a pocket knife, craft knife or other type of knife that does not fit the definition of a per se weapon as defined in Penal Law article 265, the charge should be dismissed.

New York criminal defense lawyers who handle weapons charges should familiarize themselves with this case.

New York City criminal defense attorneys who handle gun charges must be aware of the New York City Gun offender registration law. New York City's Gun Offender Registration Act (often called GORA) imposes registration and reporting requirements on people who have been convicted in the New York City Criminal Courts of a "gun offense. The law is found at Administrative Code of City of NY § 10-601. GORA defines a gun offender as a person who is convicted of a gun offense. A gun offense is a conviction of criminal possession of a weapon in the third degree or criminal possession of a weapon in the second degree.

Under GORA, a gun offender shall register with the department at the time sentence is imposed on a form prescribed by the department. The gun offender is required to appear within forty-eight hours of his release, if they received a sentence of imprisonment. If the sentence does not include imprisonment, registration is required within 48 hours of when the sentence is imposed. New York City criminal defense attorneys need to make their clients aware of these regulations.

Gun offenders who receive probation must be especially careful. Failure to register is a misdemeanor punishable by a fine of up to one thousand dollars or imprisonment up to one year or both. The law also specifically states that it is not an excuse that the gun offencer did not receive any form to register. Therefore those that receive probation, could be violated for just failing to register, which is in and of itself a crime.