Brooklyn Gun Crime Lawyer
Welcome to Spodek Law Group. Our goal is to give you the reality of gun charges in Brooklyn - not the sanitized version other law firms present, not the legal fiction that the system treats everyone fairly, but the actual truth about what happens when you get arrested for a gun crime in Kings County.
The first thing you need to understand is this: New York doesn't care about your intentions. The state has created a mandatory minimum sentencing structure specifically designed to eliminate your options before you ever see the inside of a courtroom. That 3.5-year minimum for possessing a loaded firearm? It exists to make going to trial mathematical suicide. Prosecutors know this. Judges know this. The only person who doesn't know this is you - until right now.
Heres the thing most lawyers wont tell you. The mandatory minimum isnt about public safety. Its a plea extraction machine. When the floor is 3.5 years and the ceiling is 15, prosecutors can offer you 2 years and make you feel grateful. Thats not justice. Thats coercion with a law degree.
The 3.5 Year Trap Nobody Explains
Under New York Penal Law 265.03, criminal possession of a weapon in the second degree carries a mandatory minimum of three and a half years in state prison. Not county jail. Not probation. Not community service. State prison. And thats if everything goes perfectly - first offense, no aggravating factors, judge having a good day.
But heres were it gets interesting. That same statute has two subdivisions that can completly change your case. Subdivision 2 covers possession outside your home or business - thats classified as a VIOLENT felony. Subdivision 3 covers possession inside your home or business - thats a non-violent felony. Same gun. Same person. Different location equals different legal category.
Let that sink in.
The prosecution dosent need to prove you intended to harm anyone. They dont need to show you were involved in criminal activity. The mere fact that you had a loaded firearm outside your home is enough for a violent felony conviction. Your licensed gun from Georgia? Dosent matter. Your clean record stretching back decades? Irrelevent. The system treats a tourist with a declared firearm at JFK the same way it treats a gang member with an illegal weapon on Flatbush Avenue.
Brooklyn and the Bronx have actualy enacted harsher policies then state law requires. If your caught with a loaded firearm in Brooklyn, theres a mandatory minimum of two years in jail plus two years of post-release supervision - and thats considered the BEST case scenario for first offenders. Most prosecutors arent even authorized to go below that number, even when the circumstances scream for mercy.
Notice the pattern here. The law dosent ask WHY you had the gun. It dosent ask if you planned to hurt anyone. It dosent consider wheather your a threat to society or a law-abiding citizen who made a geographic mistake. The only question is: did you possess a loaded firearm outside your home? If yes, violent felony. If no, maybe we can talk.
This is how the system eliminates nuance. By making the minimum so high, and by classifying the offense as violent regardless of actual violence, prosecutors can apply maximum pressure with minimum effort. They dont need to prove you did anything dangerous. They just need to prove you had the gun.
What Happens in the First 48 Hours
OK so you've been arrested. Your in the back of a police car, handcuffed, trying to figure out what went wrong. Heres what happens next - and nobody prepares you for this.
Your going to Central Booking. Thats the processing center were the city handles arrests before arraignment. Your going to be there for anywhere from 24 to 48 hours. Sometimes longer. The conditions are exactly what you'd imagine - overcrowded holding cells, no privacy, minimal food, and the growing realization that your life just changed forever.
During this time, you cannot contact your family directly. You cannot go to work. You cannot explain to your employer why you didnt show up.
When you finaly see a judge, its for arraignment. The prosecutor will read the charges, the judge will set bail (or remand you entirely), and your lawyer - if you have one - gets maybe five minutes to argue on your behalf. For a Class C violent felony, bail often starts at $50,000 to $100,000. If you cant make bail, your sitting in Rikers Island until trial.
And heres the kicker - bail reform, which helped alot of defendants in New York, basicly dosent apply to gun charges. The legislature specificaly carved out exceptions for firearms offenses. So while someone charged with burglary might get released on there own recognizance, your looking at significant cash bail or remand.
This is were careers end. Todd Spodek has seen it happen dozens of times. A person gets arrested on Friday night, cant make bail over the weekend, dosent show up for work Monday morning, gets terminated by Wednesday. By the time there case is resolved - even if its dismissed - theyve lost there job, there apartment, sometimes there family. The punishment starts before the trial.
The cascade goes like this. Arrest leads to detention. Detention leads to missed work. Missed work leads to termination. Termination leads to missed rent. Missed rent leads to eviction. Eviction leads to family stress. Family stress leads to divorce. And all of this happens BEFORE you ever get convicted of anything.
Thats the part that should make you angry. Not the possibility of prison - thats bad enough. But the certainty of destruction that begins the moment the handcuffs click shut. Your life starts falling apart immediatly, regardless of guilt or innocence. The system dosent wait for a verdict. It starts punishing you from minute one.
Why Your Out-of-State Permit is Worthless
If your reading this from Georgia, Texas, Florida, or any other state with reasonable gun laws, pay close attention. Your concealed carry permit? New York dosent recognize it. At all. Zero reciprocity.
This isnt a technical loophole. Its deliberate policy. New York has decided that its licensing requirements are the only ones that matter, and every other state's evaluation of your fitness to carry a firearm is completly irrelevant. You could have passed FBI background checks, completed extensive training, carried legally for twenty years - none of it matters the moment you cross into New York State.
Heres the reality that catches hundreds of people every year. Marcus Booker flew into JFK airport with his legally purchased, properly stored firearm. He did everything by the book - TSA-approved hard case, unloaded weapon, declared at check-in. By federal TSA guidelines, he was a model citizen. By New York law, he was a felon.
Port Authority police arrested him at the counter.
Think about that for a second. The act of DECLARING your weapon - being transparent, following rules, doing what you beleive is the right thing - thats what triggers the arrest. If Marcus had never mentioned the gun and somehow gotten through security, hed have committed a different crime. But he followed the rules, and the rules got him arrested.
The federal Firearms Owners Protection Act (FOPA) is supposed to protect people who transport guns through restrictive jurisdictions. And technicaly, it does. But New York treats FOPA as an "affirmative defense" - meaning you still get arrested, you still get charged, you still spend 24-48 hours in Central Booking. Only AFTER all that can you raise FOPA as a defense.
At Spodek Law Group, weve handled cases were clients did absolutly nothing wrong by any reasonable interpretation - and still faced felony charges becuase New York's system prioritizes arrests over justice.
The lesson here is harsh but simple. New York dosent care what other states think. It dosent care about your training, your background, your intentions. The state has decided that possession equals crime, and it will prosecute accordingly. Your job now isnt to argue about fairness. Your job is to survive the system thats already decided your guilty.
And heres the uncomfortable truth that nobody wants to admit. The out-of-state visitor with a legally purchased firearm is actualy in a WORSE position then someone caught with an illegal gun in Brooklyn. Why? Becuase the illegal gun holder knows they broke the law. They expected consequences. The legal gun owner thought they were doing everything right - and that shock, that disbelief, that sense of betrayal? It dosent help in the courtroom. It just makes the plea negotiations harder.
The Plea Deal Math That Destroys Your Options
Sound familiar? Your sitting in a conference room with your lawyer. The prosecutor has offered you a deal: plead guilty to a lesser charge, serve 2 years, avoid the risk of trial. Your lawyer explains the alternative - go to trial, face the possibility of 15 years if the jury convicts.
Heres the math that destroys most defendants:
Guaranteed outcome (plea): 2 years
Probable outcome (trial conviction): 7-10 years
Maximum outcome (trial conviction): 15 years
Probability of conviction at trial: 85-90%
See the problem? Even if theres a 15% chance of acquittal, the RISK of trial is enormous. That 85% chance of conviction dosent mean your guilty - it means the system is designed to convict, and mandatory minimums mean the prosecutor holds all the cards.
This is the dirty secret of mandatory minimum sentencing: it dosent exist to ensure consistent punishment. It exists to transfer power from judges to prosecutors.
Before mandatory minimums, a judge could look at your case - first offense, no violence, sympathetic circumstances - and sentence you to probation or time served. Now? The judge's hands are tied. The minimum is the minimum. And because prosecutors control charging decisions, THEY effectively control sentencing.
What that means practicaly: the prosecutor offers a deal below the mandatory minimum (often made possible through plea to a lesser charge), and you feel grateful for the "mercy." But that mercy isnt mercy at all - its manufactured leverage. They created the problem (over-charging with mandatory minimum offense) and then sold you the solution (plea to lesser offense).
Todd Spodek has watched this happen hundreds of times. Clients who could have legitimate defenses - unlawful search, lack of possession, constitutional violations - taking pleas becuase the trial risk is simply too high. The system dosent want trials. Trials are expensive, time-consuming, and create the possibility of acquittal. Pleas are efficient.
The Brooklyn vs State Difference Nobody Mentions
Not all of New York is created equal when it comes to gun prosecution. Brooklyn, under District Attorney Eric Gonzalez, has adopted specific policies that go beyond state minimums.
In 2024, Brooklyn reported its safest year for gun violence in history - shootings down 15%, shooting victims down 14%, homicides down 6% compared to 2023. Those are genuinley good numbers. But heres were the paradox gets uncomfortable.
Even as gun violence decreases, prosecution intensity remains constant. The tourist at JFK with a declared weapon faces the same charging decisions as someone involved in actual violence. The system dosent distinguish between context - it processes cases based on elements of the offense, not the circumstances surrounding them.
What actualy happens in Brooklyn:
- Loaded firearm outside home/business: CPW 2nd degree (violent felony)
- Mandatory 2 years jail + 2 years supervision minimum
- Prosecutors generaly not authorized to go below this
- Even first offenders face incarceration
Compare that to some other New York counties were prosecutors have more discretion, were judges can consider alternatives, were the same case might result in probation or a misdemeanor plea.
The Dexter Taylor case from May 2024 shows how Brooklyn handles gun cases. Taylor, 53 years old, no criminal history, built firearms at his Bushwick home - what some call "ghost guns." Police seized 4 AR-15 style rifles, 5 handguns, and various parts from his residence. He was convicted on multiple counts and sentenced to 10 years in prison by Judge Abena Darkeh.
Ten years. No prior criminal history. No evidence of violent intent. No indication the weapons were ever used in a crime. But because the mandatory minimums stack, and because Brooklyn prosecutes aggressivley, a hobbyist gunsmith recieved a decade in prison.
Thats the reality of how Brooklyn handles these cases. Not based on dangerousness. Not based on intent. Based on the elements of the offense and the application of mandatory sentencing guidelines that remove any possibility of mercy. The judge in Taylor's case had no choice - once the jury convicted, the sentencing range was locked in.
Some people look at cases like this and think "well, he shouldnt have been making guns." Maybe thats true. But the point isnt wheather Taylor was wise. The point is that a 53-year-old man with no history of violence, no criminal record, and no evidence of malicious intent recieved a sentence longer then some murderers get. The system dosent distinguish. It processes.
What Real Defense Actually Looks Like
Heres the part nobody talks about: despite the system being designed against you, defenses exist. Cases get dismissed. Charges get reduced. People walk free. But it requires understanding how the machine works - and finding the cracks.
The Fourth Amendment still applies in Brooklyn. If police found your gun during an unlawful traffic stop, that evidence might be suppressed. If they searched your car without probable cause, the gun dosent come into court. If they violated your constitutional rights during the arrest, everything that followed could be thrown out.
In airport cases specificaly, the statistics tell an interesting story. Of cases at JFK and LaGuardia since 2014, 80% resulted in either dismissal or a plea to disorderly conduct - a violation, not a crime. Sentences in those cases included fines or conditional discharge. Only 4 cases resulted in actual state prison time, and all of those involved aggravating factors beyond simple possession.
What does that mean for you? It means that while the system LOOKS terrifying - and it is - experienced defense attorneys know the pressure points. The prosecutor dosent want to try every case. The judge has seen hundreds of tourists make this mistake. Theres often room for resolution that dosent involve felony conviction.
But - and this is critical - that kind of outcome requires immediate, specialized legal representation. Not a general practice lawyer. Not a criminal defense attorney who handles mostly DUIs. Someone who knows Brooklyn Criminal Court, knows the prosecutors, knows which judges respond to which arguments.
Spodek Law Group has defended gun cases across New York City for years. We understand that the person in handcuffs at Central Booking isnt the same as the person who appears in crime statistics. We know that circumstances matter, even when the law pretends they dont.
The defense strategies that work in Brooklyn gun cases tend to fall into a few categories. First, constitutional challenges - was the search legal, was the stop justified, did police have probable cause. Second, possession challenges - did you actualy possess the weapon, or was it simply near you. Third, jurisdictional arguments - especialy relevant for out-of-state visitors who can invoke FOPA. Fourth, negotiated resolutions - working with prosecutors to reduce charges to non-felony offenses were possible.
Each of these requires specific knowledge, specific relationships, and specific experience. The lawyer who handles your DUI dosent know how Brooklyn prosecutors think about gun cases. The attorney who does estate planning cant navigate the complexities of weapon possession law. This is specialized work, and it requires specialists.
The Call You Need to Make Now
The asymmetry of your situation should be clear by now. The prosecutors office has been building cases like yours for decades. They have established procedures, experienced ADAs, and the full weight of the state behind them. You have... fear. Confusion. Maybe a few hours of panicked Google searching that led you here.
That imbalance dosent have to be permanant.
The next 48 hours will determine more about your case then the next 48 days. Evidence decisions, bail arguments, initial charging conferences - these happen immediately. By the time most people have processed what's happening, the most important decisions have already been made.
Theres a narrow window were intervention matters most. Before statements are given. Before searches are conducted. Before the prosecution locks in its theory of the case. In that window, an experienced defense attorney can:
- Challenge the legality of the stop or search
- Argue for reasonable bail or release
- Open lines of communication with the DA's office
- Begin building the defense before the prosecution cements its position
The system assumes you wont fight. It assumes you'll take the plea, do the time, become another statistic. But thats not the only option.
At Spodek Law Group, we've seen what happens when people dont give up. When they refuse to accept the first offer. When they demand that prosecutors actualy prove their case instead of accepting manufactured leverage as fate.
You are not a case number. Your not a charge code. Your not a conviction statistic waiting to happen.
Your someone facing one of the most consequential moments of your life - and that moment requires someone who's been here before.
Call us at 212-300-5196. Not tomorow. Now. Because the clock started the moment you were arrested, and every hour that passes is an hour the prosecution uses to strengthen its position.
They had years to build this system. You have days to fight it. Use them.
