When a person is arrested on drug or gun possession charges, it is important that they have a full understanding of what any of the terms used to describe those charges mean for their case. When you don’t understand the legal terms associated with your crime, you may find things more confusing than they need to be. In the event that you were arrested for possession, whether it be illegal gun possession or the possession of a controlled substance, it is important to be aware of the different types of possession.
There are two types of possession. In New York State, the physical possession of a property is exactly what one would assume. It simply means that, for example, if you are charged with the illegal possession of a handgun because it was found on your person, it is considered physical possession. It is pretty self-explanatory.
However, some people accused of the possession of a gun may be confused because they were arrested for possession but didn’t actually have the gun on them. When a person has or could easily have control of the gun but it isn’t on their person, it is known as constructive possession. They could have the power to dispose of the gun or instruct another person to use it. New York State finds that constructive possession of the property may apply to more than one person.
If you have been charged with possession, whether it is physical or constructive, you are likely facing serious penalties that may result in overwhelming fines and time behind bars. You will require the services of an experienced criminal defense attorney who can provide you with the assistance you need to work towards a favorable outcome in your case.
If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.