Though the client had a license to lawfully own and carry his firearm in his home state of Georgia, that right does not apply in New York. As such, his license was not, strictly speaking, a defense to the charges in New York. Nevertheless, Mr. Galluzzo successfully persuaded Queens prosecutors that the client had no malicious intent in bringing the firearm to New York, and that his possession of it in LaGuardia was attributable only to his mistaken assumption that his license permitted him to bring it to New York. Mr. Galluzzo further provided evidence of the client’s status as a scholarship student-athlete, his record of community service, and his good character. The prosecutors reviewed Mr. Galluzzo’s written submission and ultimately agreed to dismiss the felony and misdemeanor charges. The client was allowed to plead guilty to a non-criminal violation with a $120 fine, meaning that the client will have no public criminal record and can lawfully say that he has never been convicted of a crime.

Every years, hundreds of people are arrested in New York area airports for bringing otherwise-lawful firearms into the city. If you or a loved one have been arrested for that offense, you should strongly consider contacting Mr. Galluzzo. Mr. Galluzzo has successfully represented many people accused of having weapons at the airport with a strong record of success. As a former New York City prosecutor himself, he knows how to best persuade prosecutors to show leniency and decline to pursue felony charges against generally law-abiding people.

As former prosecutors who specialize in criminal defense, our attorneys at The Law Office of Matthew Galluzzo have a great deal of experience assisting people who find themselves in the unfortunate position of being charged with weapons possession, in particular what are commonly referred to as ‘gravity knives.’ Indeed, many of our clients lawfully purchase these knives from such on-line marketplaces as Amazon.com or in popular brick-and-mortar stores like K-Mart. Completely unaware that the possession of such knives is illegal in New York, these clients openly carry the knives on their belts, or clipped to their pockets, only to find themselves in handcuffs and going to criminal court charged with the Class “A” misdemeanor of Criminal Possession of a Weapon in the Fourth Degree (which is punishable by up to 1 year in jail).

So what exactly is a gravity knife? A “Gravity knife” is defined under New York Penal Law 265.01(5) as “any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application or centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.” In practical terms, any knife which a police officer can open with the flick of a wrist and which locks into place falls under this definition. Not surprisingly, police officers are particularly adept at opening and locking the knives into place.

Although the Second Circuit Court of Appeals has held that the gravity knife ban is not unconstitutionally vague for the moment, they have not ruled out that a future challenge to the ban on different grounds might be successful. Nevertheless, for the moment, it is still illegal to carry a gravity in New York State. If you find yourself in a position where you have been arrested and charged with possessing a gravity knife, you need to contact an experienced criminal defense attorney immediately.

Many (if not most) of our first-arrest clients accused of possessing gravity knifes are issued “Desk Appearance Tickets” by the police department, a fact which can be deceiving. A person who receives a ticket is commanded to appear in Court on a future date, and failure to do so – as we ALWAYS admonish our readers – can and WILL result in a warrant being issued for your arrest.

Additionally, if you intend to simply “show up” in Court and plead guilty to the charge, you will incur a permanent criminal record. This is why it is imperative to consult with an attorney. To be sure, some of the local District Attorney’s Offices take weapons cases – gravity knife cases in particular – very seriously, and will not make non-criminal offers at your first Court appearance, if at all. Thus, it is absolutely necessary to enlist the help of an experienced attorney who can convince the prosecutor in your case to deviate from the weapons charge and preserve your record and future. Our team of former prosecutors have a proven track record and a long list of excellent results in such cases.

If you or a loved one are charged with possessing a gravity knife, contact our firm immediately. Our lawyers are on call ready to help.