justice

Town of Southeast Court: Gun Possession and Drug Charges Dismissed

Putnam County, NY - After over a year of intense negotiations, criminal defense attorney, Marcia Payton (a partner with Riebling & Payton, PLLC), successfully worked with the Putnam County District Attorney’s Office to have all felony gun possession charges and multiple drug charges dismissed on behalf of her client, a Fairfield County, CT resident who was arrested and charged with a total of five (5) weapon and narcotics charges. At the conclusion of the case, all criminal charges were dropped and Marcia’s client avoided any serious criminal conviction.

Marcia’s client was charged with two felony weapon possession counts: (1) Criminal Possession of a Weapon in the Second Degree; and (2) Criminal Possession of a Firearm. He was also charged with Criminal Possession of a Controlled Substance in the Seventh Degree, along with other drug-related offenses. The charges stemmed from a traffic stop and an ensuing search of the gentleman’s vehicle. Because the alleged contraband was all recovered from inside the vehicle, the Putnam County District Attorney’s Office had initially moved to seize the car, a Tesla, and keep it through civil forfeiture laws. Thankfully, as a part of the negotiated settlement in this case, Marcia Payton made sure that the District Attorney’s Office would not seek civil forfeiture of the Tesla and her client was able to maintain ownership of the vehicle.

Under New York State Law, Criminal Possession of a Weapon in the Second Degree is classified as C Felony which carries a maximum sentence of up to fifteen (15) years in prison. It may be charged in circumstances where:

  • With the intent to use the same unlawfully against another; such person:
    • Possesses a machine-gun; or
    • Possesses a loaded firearm; or
    • Possesses a disguised gun; or
  • Such person possesses five or more firearms; or
  • Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 or this article, constitute a violation of this subdivision if such possession takes place in such person’s home or place of business.

Here, Ms. Payton’s client was charged under the first provision of the statute, alleging an unlawfully registered loaded firearm was recovered from his vehicle.

The second count, Criminal Possession of a Firearm is a Class E Felony carrying a maximum sentence of up to four (4) years in prison. This offense is most often charged when someone is alleged to be in possession of an unregistered firearm.

In this instance, the police not only recovered a loaded firearm from the car but they also seized multiple narcotic substances and marijuana. Accordingly, Marcia’s client was also charged with these narcotic and marijuana possession crimes.

Ms. Payton worked tirelessly on behalf of her client to get all of these very serious charges dismissed. Ultimately, she was able to persuade the District Attorney’s Office to drop all of these charges, acknowledge they would not seek civil forfeiture of the vehicle, and allow Marcia’s client to preserve his clean, criminal record and stellar reputation in the community.

If you or your family member has been arrested, please do not hesitate to Contact Us and find out how our criminal defense attorneys can protect you. 


Call us at (914) 712-6878 for a Free Consultation


Marcia Payton is a criminal defense attorney and partner with Riebling & Payton, PLLC, located in Westchester County, NY and has been practicing for more than 23 years. To learn more about Ms. Payton and the firm, visit Riebling & Payton, PLLC at www.WestchesterDefenseAttorney.com.

Categories