New York City Weapons and Firearms Crimes and Offenses

One of the most serious offenses in the City of New York is the Criminal Possession of a Weapon or Firearm under the New York Penal Law. Ranging from the possession of an illegal blade to loaded antique firearms, the state’s weapon laws cast a wide net in prohibiting the carrying of concealed weapons or loaded firearms to further its purpose of reducing homicides and violent confrontations on its urban streets.

The law’s broad provisions, when viewed in conjunction with specific licensing requirements for the concealed carrying of firearms as well as statutory presumptions of possession, can make presenting a viable defense to a charge of Criminal Possession of a Weapon difficult without the assistance of top New York City weapons possession attorneys. Therefore, if you are facing a New York City weapons and firearms offense, you should reach out to our firm immediately.

New York Weapon and Firearm Crimes & Offenses

New York Juvenile Weapon Crimes & Offenses

Penalties for Possessing an Illegal Weapon

Regardless of where the dangerous weapons are found, a defendant’s options after arraignment of firearms offenses are limited. If you do not accept the plea offer which often requires jail time, you need to begin preparing a defense to the charges. A criminal defense lawyer with years of experience trying weapons cases could help craft and present weapons possession defenses that have gotten cases dismissed in New York. People v. Dhinsa, Ind. No. 5497/97 (Kings Co. 1997) (Defendant charged with various felony gun charges in New York state case. Motion to dismiss indictment granted pretrial on grounds that the facts could not legally support the charges that the defendant possessed – either actually or constructively – the firearms.).

The penalties for weapon and firearm crimes in New York City are serious. For instance, possessing a gravity knife or switchblade – in violation of Section 265.01 of the New York Penal Law – is a misdemeanor punishable up to a year in jail. Additionally, individuals found to unlawfully possess a loaded firearm outside the home can face a mandatory minimum sentence of three and a half years in prison for a classified violent felony. For those alleged to have carried a firearm during the illegal sale of a controlled substance, recent amendments to the New York Penal Law allows prosecutors to upgrade an otherwise misdemeanor possession offense to a D felony, regardless of any carry license this person may possess in the state, according to New York Penal Law §265.02 (9), (10).

Do the Penalties for Juvenile Weapon Offenses Differ Than for Individuals Tried as Adults?

The penalties assessed in the event of a juvenile charge for illegal possession of a weapon vary according to the charge. Juvenile offenses are treated differently under New York law than weapons or firearm offenses carried out by a legal adult. Under N.Y. Penal Law §265.05, describes that a conviction would result in the minor being determined a juvenile delinquent. The assignment of juvenile delinquency may be made when a child younger than 16 carries out an offense that would otherwise subject them to criminal charges if they were of the legal age of majority.

If a child younger than 16 is convicted for the illegal possession of a weapon, rather than being placed in an adult correction facility, they may be ordered to spend a certain amount of time in an institution operated by the Office of Children and Family Services. The court may order another sentence apart from confinement, such as entry into a supervision probation program, depending on the facts of the case. A person who is at least 16 and is found to have illegally brought a weapon onto school grounds may face a violation, rather than a criminal charge. However, the court could require this individual to spend a few weeks in jail if found guilty of such a violation.

What Is the Difference Between a Misdemeanor and Felony Weapons-Related Offense?

Misdemeanor charges are reserved for lesser crimes that carry lower penalties, while felony charges typically involve higher offenses that may lead to much harsher fines and periods of incarceration. A misdemeanor conviction means no more than 12 months in jail, while felony charges are punishable by any term of incarceration beyond 12 months.

What Factors Determine the Penalty for a Weapons and Firearms Charge in New York City?

The facts of the alleged offense and the specific statute it falls under will largely determine the punishment imposed if the court finds someone guilty of a weapons or firearm-related offense. Other factors may include the age of the individual, whether or not they have been convicted of a similar offense in the past, the type of weapon in question, and the location where the weapon was taken.

Contact an Attorney in New York City to Learn About Weapons and Firearm Crimes

Retaining top criminal defense attorneys allows for any viable defenses to be utilized before those who render the final judgment in the courts. If you are enduring New York City weapons and firearms offenses, we are here to fight for you. Call us today for a free consultation.

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