When facing criminal charges that carry mandatory prison time, the quality of legal defense can mean the difference between a devastating outcome and a second chance. This case involved a young man charged with a violent felony offense in Suffolk County, NY—a charge that could have changed the course of his life forever. Thanks to strategic legal intervention by Obedin & Weissman, he walked away with a misdemeanor conviction and no additional jail time.
Arrest and Charges: Gun Found in Vehicle
The client was a rear seat passenger in a vehicle that was stopped by Suffolk County Police. During the stop, officers observed a handgun on the floor near the client’s feet. Although the weapon had been legally purchased in another state, possession of a loaded firearm in New York without a permit is a serious offense. The client was immediately arrested and charged with Criminal Possession of a Weapon in the Second Degree under New York Penal Law § 265.03(3), a class C violent felony.
Because the weapon was loaded, the charge carried mandatory state prison time of at least 3½ years, with a maximum possible sentence of 15 years, as stipulated in New York Penal Law § 70.02(3)(b).
Early Legal Missteps: An Inadequate First Defense
Initially, the client hired another criminal defense attorney to handle the case. He remained in custody for six months while his attorney negotiated a potential plea deal. That deal would have required the client to plead guilty to a felony offense—an outcome that would have resulted in a permanent criminal record and serious long-term consequences.
The client made the difficult decision to reject the felony plea. He understood the lifelong impact of being labeled a convicted felon and wanted a better outcome. That’s when he turned to Obedin & Weissman.
Strategic Legal Representation: How Obedin & Weissman Made the Difference
Once our firm took over the case, we reviewed the evidence, examined the circumstances of the arrest, and engaged in persistent, informed negotiations with the Suffolk County District Attorney’s Office.
Because the handgun was purchased legally in another state and was not being used in the commission of a crime, we emphasized mitigating factors that supported leniency. We worked to position the case as one that did not warrant a felony conviction or additional incarceration.
Outcome:
Through negotiation and legal advocacy, we secured a deal in which the client pled guilty to a misdemeanor offense with time served. He was released from custody with no felony record, no probation, and no further jail time.
This result gave the client the opportunity to move forward with his life without the burden of a felony conviction, which could have limited his ability to work, vote, or qualify for housing and educational opportunities.
Criminal Defense Services in Suffolk County, NY
At Obedin & Weissman, we understand the weight of criminal charges—especially when they carry mandatory sentencing guidelines and serious long-term consequences. Whether you’re facing a first-time charge or trying to recover from a poor legal experience, our firm provides aggressive, experienced defense across Suffolk and Nassau Counties.
If you or someone you know is facing criminal charges anywhere on Long Island, contact our office for a confidential consultation. Let our legal experience be your best defense.
Legal Citations:
- New York Penal Law § 265.03 – Criminal Possession of a Weapon in the Second Degree
- New York Penal Law § 70.02 – Sentencing for Violent Felony Offenses