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The Flexibility in Minimum Mandatory Gun Sentences

By Joseph Tacopina Published July 20, 2014
Criminal Defense, Weapons Crimes
Tags: gun crimes, gun laws, gun legislation, minimum gun sentences

Joseph Tacopina highlights how the Sandy Hook massacre ignited a significant nationwide debate on gun laws. In New York, this led to the passage of the New York Secure Ammunition and Firearms Enforcement Act of 2013 (NY SAFE Act). Under the new gun legislation, high-capacity magazines and assault weapons are banned in the state of New York. There are also many new registration requirements. Most significantly, the law dictates even longer mandatory minimum sentences for gun crimes ― which are not as mandatory as they seem.

Joseph Tacopina highlights that under the NY SAFE Act, there is a mandatory minimum sentence of five years for anyone caught using or carrying a loaded firearm during a violent felony or drug trafficking offense. If the firearm is unloaded, the minimum sentence is reduced to 3.5 years. Additionally, possession of an unregistered firearm is now classified as a Class E felony instead of a misdemeanor. Even if the firearm is registered in another state, the owner must also register it within New York to avoid felony charges. Although these sentencing guidelines may seem severe, courts retain the discretion to reduce punishments when deemed just.

In any gun-related charge, it is crucial that the defense produces mitigating factors in order to lessen a potential prison sentence.  In the Bronx, prosecutors declined to seek the minimum mandatory sentence in a case where a Pennsylvania school employee traveled to New York with an unregistered firearm for a family member’s wake. The prosecutors also declined to seek the mandatory minimum when a prison guard failed to submit the required paperwork for his off-duty firearm. In these cases, the prosecutors were swayed by the individual facts of the defendant’s stories.

If you’re facing gun charges, a tailored defense strategy can help present mitigating factors to reduce your sentence potentially. For aggressive representation from a skilled New York weapon crimes defense attorney, contact the Law Offices of Tacopina & Seigel and contact Joseph Tacopina for expert guidance.

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Tacopina Seigel & DeOreo is located in New York, NY and serves clients in and around New York, Long Island City, Sunnyside, Astoria, Brooklyn, Woodside, Maspeth, Middle Village, Jackson Heights, Elmhurst, Ridgewood, East Elmhurst, Bronx, Rego Park, Corona, Forest Hills, Woodhaven, College Point, Ozone Park, Jamaica, Howard Beach, Bronx County, Kings County, New York County and Queens County.

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