Need NYC Lawyer ASAP

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ctdonath

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I've been contacted by someone who has been charged, wrongly, for possession of a "gravity knife" in NYC.

Can anyone please recommend a NYC lawyer who is competent in NY/NYC knife law?
 
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The fact that we have knife bans makes about as much sense as firearm bans to me.
 
Yet Gordon Ramsay, that unstable nutter Brit chef on HELL'S KITCHEN, can probably walk around NYC with a case of the finest 12" ceramic blades.
 
New York City has had for some time an aggressive enforcement posture with regards to knives, in particular folding pocket knives.

Stories of NYC (via NYPD) arresting and charging individuals for violating the "gravity knife" statute, N.Y. Penal Law Sec. 265.01, for carrying ordinary folding pocket knives that can be "flicked open" ("released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device[]" per the definition in N.Y. Penal Law Sec. 265.00) are not uncommon. Most knife enthusiasts would hardly consider an ordinary folding pocket knife a "gravity knife" as traditionally understood, but I suspect most NYC prosecutors are not "knife enthusiasts." That's life in the Big Apple.

In addition, New York City has its own, more restrictive set of rules when it comes to knife possession and carry, as do most large (and many smaller) cities.

For example, here's a small excerpt from the NYC Admin. Code:

§ 10-133 Possession of knives or instruments. a. Legislative findings. It is hereby declared and found that the possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city; that this condition encourages and fosters the commission of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that unless the possession or carrying in public places, streets and parks of the city of such knives without a lawful purpose is prohibited, there is danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It is further declared and found that the wearing or carrying of knives in open view in public places while such knives are not being used for a lawful purpose is unnecessary and threatening to the public and should be prohibited.

b. It shall be unlawful for any person to carry on his or her person or have in such person’s possession, in any public place, street, or park any knife which has a blade length of four inches or more.

c. It shall be unlawful for any person in a public place, street or park, to wear outside of his or her clothing or carry in open view any knife with an exposed or unexposed blade unless such person is actually using such knife for a lawful purpose as set forth in subdivision d of this section.
...
[Subsection d lists a number of exceptions, e.g., for law enforcement, military, EMTs on duty, etc. that typically would not apply to most visitors]

N.Y.C. Admin. Code (2005), excerpted from Knife Laws of the Fifty States: A Guide for the Law-Abiding Traveler, p. 114

While not legal advice, the cited code section above suggests that folks carrying pocket knives in NYC would do well to consider carrying in such a manner that such knives are completely concealed, including the pocket clip.

Stay sharp, stay safe.
 
I believe they have since changed the size to 3.5 inches.
NYC sees any knife the officer can flick open as a "gravity knife"
 
damien:

Out of curosity, is this a felony or a misdemeanor in NYC?

Or, much more serious, does it conflict with the prejudices of Mayor Michael Bloomberg, Sen. Hillary Clinton, and Rep. Carolyn McCarthy?
 
this kind of **** pisses me off im going to move back to FL. where i can legally shoot someone or stab them lol. i just ordered a spring assaisted knife online im worryed i thought they are legal from what im hearing their not. i mean i just saw a site that said their 100% legal.
 
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this kind of **** pisses me off im going to move back to FL. where i can legally shoot someone or stab them lol. i just ordered a spring assaisted knife online im worryed i thought they are legal from what im hearing their not. i mean i just say a site that said their 100% legal.

It may be legal in NY, just not NYC. I don't know (but NYC has more restrictions than the rest of your state, I think), I'd check an official source, like a website of the AG, the actual law, etc.
 
Exactly what type of knife was it? Inquiring minds want to know!!!!!!

I have carried a "butterfly" knife (or 2 at a time) for years in NYS (NOT NYC) and have had the pleasure of the cops taking it from me a couple times (when I forgot to leave them in the car when visiting a goverment building). They always returned them when I left, and never said anything about it, even though these are definitely considered "gravity knives" in NYS.
 
Yet another reason to insure Guilliani does not become president.

In recent debates he touted your likeliehood of being mugged in NYC as one of the lowest in the nation. However, there was no mention of the right to defend yourself from said mugging.

Good luck in your quest.
 
I'm so impressed by Giulani's statistics that I plan to cancel all of my insurance policies immediately. The odds are overwhelmingly against my suffering a loss covered by any of those policies. I certainly don't need life insurance: in all these years I have never died, and I have yet to see convincing evidence that I ever will die. Everyone else might die but it has never happened to me, not even once.

I wonder about the chances of being one of the few thousand people who died in the World Trade Center on September 11, 2001, when two hijacked airplanes were flew into it by suicidal fanatics. That probability must have been much smaller than the odds of being mugged in New York City.

Giulani's approach would terrify me if he were President. His interest is in statistics, not the lives of real people, each of whom is statistically insignificant in Giulani's world.
 
HNK45ACP wrote:

I believe they have since changed the size to 3.5 inches.
...

Do you have a citation for this assertion? I just checked the NYC Administrative Code online and Sec. 10-133(b) still lists a four inch blade length limit. I also searched the NYC City Council site for local law changes pertaining to 10-133 for the past two years or so and didn't see the change you mention.

Stay sharp, stay safe.

.
 
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In NYC, possession of a gravity knife is a misdemeanor.

FWIW, I am growing aware that different states have different takes on what a "misdemeanor" is - some states take them more seriously than others. In NY, it's pretty serious.
 
That makes no sense whatsoever. None.
It is, however, true.

The definition of "switchblade knife" in most jurisdictions entails a button or lever - something other than the blade itself - activating the knife opening.
These "spring assisted knives" have a bit of the blade itself (not sharpened, obviously) protruding thru the handle; press on it, and the knife springs open.
The difference is clear & significant enough for legal purposes.
 
[Gravity knives] are definitely considered "gravity knives" in NYS.
No, they are not.

A "gravity knife" opens and latches in place via gravity.
A "butterfly knife" will fall open, but will not latch into a usable configuration by gravity alone.

There is a NY case that ruled the difference. (No, I don't have the case reference handy.)
 
Guys, let's keep this on legal specifics - preferably the initial question, that being a competent relevant lawyer in NYC.

Some discussion of the legal differentiation between knives is tangentially relevant.

Whether Guliani should be president is irrelevant. Start another thread for that.
 
criminal defense lawyers

I am PMing a link to a list of criminal trial lawyers in NYC. One who is experienced and knows NYC knife laws is good, but I usually counsel to look for a good criminal defense lawyer, however, not one who is specifically focused on one narrow type of case.

A good lawyer utilizes experience, contacts, knowledge of court procedures, reputation and ability to argue to either court or jury, to achieve a good result. When necessary, they hire or consult experts.

For example, I have handled hundreds of murder, attempted murder and assault cases involving knives. I know a fair amount about them - especially when to hire an expert and who to hire. I am working a knife/attempted murder right now, have forensic expert and a couple of others working with me. My value to the team is not that I am an expert on knives - it is that I am an expert on leading a trial team and trying cases to a jury.
 
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