Prohibited Dangerous Weapons in New York City
While there are a number of listed items which will be considered prohibited dangerous weapons in New York. More often than not, this offense is brought on when someone allegedly uses whatever object is around them as a weapon. A skilled firearm attorney can assist those who are facing charges for misuse of a dangerous weapon or the use of an ordinary object dangerously.
What is Considered a Dangerous Weapon?
The Penal Law provides a list of certain items that are characterized as prohibited dangerous weapons in New York. It is a fairly lengthy list and some of them are obvious and almost seem a little bit silly like Kung Fu stars and nunchucks; which are rarely seen on the streets of New York City. But the Penal Law makes no distinction between a dangerous weapon and a dangerous instrument in terms of how cases are charged, and almost any object can be considered a dangerous instrument, depending on how the person has used it.
Common Dangerous Weapons Charges
Someone accused of possessing a dangerous weapon will likely be charged with criminal possession of a weapon. People can be charged under theories of what is called intent to use. Normal objects which would normally not raise suspicion can be charged as a weapon based on the possessor of that object’s intent to use; almost any object can be considered a weapon.
Role of Possession Laws
There are other subsections of the possession of a weapon statute for per se weapons like a firearm. A firearm is illegal in New York City, regardless of whether or not the Prosecutor believes that they can establish some sort of criminal intent to use it. That might be an aggravating factor they can use to charge a more serious crime if they think they can prove how the individual intended to use it
Firearms in general can be seen as prohibited dangerous weapons in New York. Whereas other objects which can potentially be used as weapons are not. They would have to basically prove the intent to use the object was to potentially cause some sort of injury in order to charge a non-specifically listed weapon in New York.
Commonality of Multiple Charges Associated with Dangerous Weapons
Charges for the use of prohibited dangerous weapons in New York can go along with either assault or menacing offenses, depending on how the weapon was used. If a person threatens another person with an object, whether it is a firearm, a blunt object, a sharp object, or any object that is used to intimidate or cause fear and alarm, that object then becomes a dangerous instrument which is covered under the Criminal Possession of a Weapon Statute.
There are instances where people are caught just merely possessing a weapon which is commonly seen with guns or knives. If a person is going to be charged with straight possession of a per se weapon, then it is common to see that in and of itself as a solo charge.
However, if a person has what would normally be considered a regular, everyday object that is being charged as a weapon, they could be charged with a victim-related crime such as menacing, assault, or harassment.