According to a report from WHEC TV, Rochester Mayor Lovely Warren and her husband Timothy Granison are facing several criminal charges, including felony possession of a firearm, child endangerment, and failure to lock and secure a gun in a dwelling.
The indictment, which was recently unsealed by the District Attorney in Monroe County, is related to a search of Mayor Warren’s home in May. Here, our Rochester criminal defense lawyer provides a more comprehensive overview of the charges facing our city’s mayor.
Background: New York State Police Executed Search Warrant
On May 19th, 2021, the New York State Police executed search warrants at several locations, including at a dwelling located on 93 Woodman Park in Rochester—the home of Mayor Lovely Warren and her husband Timothy Granison. The search was conducted following a traffic stop of Mr. Granison in the City of Rochester.
According to a local news report, the search in question was related to a “large-scale and long-term local narcotics investigation”. Back in May, Mr. Granison was arrested on several charges, including possession of a controlled substance, possession of a controlled substance with intent to sell, and criminal possession of a firearm.
An Unlawful Firearm Was Found in the Home
Notably, both Rochester Mayor Lovely Warren and her husband Timothy Granison are facing criminal charges related to the search. Based on the information included in the recently unsealed indictment, the charges are related to an unlawful firearm found inside of the couple’s home after the search. The weapon in question is an unregistered handgun.
Gun Possession: Dominion and Control
Possession of an unlawful firearm can be charged as a Class E felony offense in New York. At the current time, both Mr. Granison and Mayor Warren are facing firearm possession charges concerning the same handgun. To convict a defendant on firearms possession, prosecutors must prove that the individual in question had “dominion and control” over the weapon. In other words, prosecutors can only obtain a conviction for felony firearms possession if the defendant has actual knowledge and control over the handgun.
When a firearm is found in a dwelling after a search, any charge must be filed on the grounds of “constructive” possession. In contrast to “actual” possession, constructive possession occurs when a person has knowledge and control of illegal property (firearms, drugs, etc) without actually being in physical control. In a constructive firearms possession case, prosecutors have the burden of proving that the defendant knew about and controlled the weapon.
Call Our Rochester, NY Criminal Defense Attorney Today
At King Law, our New York criminal defense lawyers are devoted to providing personalized guidance and advice to every client. Your rights matter. If you or your loved one is facing criminal allegations, we are ready to take a proactive approach to protect your rights. Contact us today strictly confidential initial legal consultation. We represent defendants in Rochester and throughout Monroe County, including in Henrietta, Greece, Brighton, Pittsford, and East Rochester.