New York City Weapons and Firearms Crimes & Offenses
One of the most serious offenses in New York State – especially within 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, New York’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 weapons possession attorneys.
The penalties for a conviction of Criminal Possession of a Weapon are serious. For instance, while possessing a gravity knife or switchblade – in violation of Section 265.01 of the New York Penal Law – is only a misdemeanor punishable up to a year in jail, individuals found to unlawfully possess a loaded firearm outside the home can face a mandatory minimum sentence of 3.5 years in prison for a classified violent felony. And 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 you may possess in the state. New York Penal Law § 265.02 (9), (10).
New York Weapon and Firearm Crimes & Offenses
The following are some of the most common gun violation offenses that occur in New York City.
Criminal Possession of a Firearm
NY Penal Law § 265.01-b — Criminal Possession of a Firearm
This offense is relatively new compared to many of the other laws targeting firearms. Passed in response to the wave of school shootings throughout the country, criminal possession of a firearm is intended to allow prosecutors to charge someone with either a misdemeanor or a felony after being arrested for having a gun—loaded or unloaded—in their possession. Previously, possessing an unloaded gun was always treated as a misdemeanor under the law.
Criminal Possession of a Weapon, Fourth Degree
NY Penal Law § 265.01 — Criminal Possession of a Weapon, Fourth Degree
There is an important difference between this charge and offenses involving the possession of a firearm. The term “weapon” is intentionally broad, given that it can apply to a wide range of objects that could be used to harm someone. Weapons can include a variety of objects:
- Guns
- Clubs
- Metal knuckles
- Blackjacks
- Dart guns
- Gravity knives
- Switchblades
This charge is treated as a misdemeanor, which carries a maximum jail term of one year. However, there are collateral consequences that come with any crime, including the loss of employment or challenges in a child custody case.
Criminal Possession of a Weapon, Third Degree
NY Penal Law § 265.02 — Criminal Possession of a Weapon, Third Degree
This crime has the same elements of any other criminal possession of a weapon offense. The most common reason for the state to “bump up” a case from fourth to third degree is when the accused has a prior conviction on their record. Otherwise, the elements are the same. Bumped up charges are treated as a Class D felony, which means the accused could face up to seven years in prison.
Criminal Possession of a Weapon, Second Degree
NY Penal Law § 265.03 — Criminal Possession of a Weapon, Second Degree
A second-degree offense is the appropriate charge in cases where the weapon in question is a loaded gun. However, the state will need to prove more than that as there is an intent element. This charge is reserved for situations where the accused had a loaded weapon and intended to use it. As a Class C felony, a conviction can result in as much as 15 years with a minimum term of 3.5 years.
Criminal Possession of a Weapon, First Degree
NY Penal Law § 265.04 — Criminal Possession of a Weapon, First Degree
Out of all of these charges, this is the version with the steepest consequences following a conviction. There are two distinct situations where the statute may come into play. The first is when the weapon in question is an explosive device. The accused must have the intent to use this weapon to be guilty. Second, this statute is used in cases where a person unlawfully possesses at least 10 firearms. As a Class B felony, the consequences of a conviction can be steep. The penalty includes a prison term between 5 and 25 years.
Criminal Use of a Firearm, Second Degree
NY Penal Law § 265.08 — Criminal Use of a Firearm, Second Degree
Criminal use of a firearm is never charged on its own. Instead, prosecutors file this offense alongside another serious felony. This means the consequences are typically significant for anyone who has been arrested for this offense.
In general, These charges are appropriate when two elements are met. First, the accused has committed a class C violent felony. Second, that individual either had a loaded weapon or displayed what appeared to be a firearm during the commission of that felony. There is not an intent element; either an individual met each of these elements or they did not.
New York Juvenile Weapon Crimes & Offenses
- NY Penal Law § 265.05 — Unlawful Possession of a Weapon By Persons Under Sixteen
- NY Penal Law § 265.06 — Unlawful Possession of a Weapon on School Grounds
Regardless of where the weapon or weapons are found, a defendant’s options after arraignment on Criminal Possession of Weapons charges 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. For those who choose the latter, do so with top New York criminal defense lawyers with years of experience trying weapons cases to a favorable verdict or crafting and presenting 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.).
Retaining top criminal defense attorneys ensures any viable defenses are utilized to maximum effect before those who render final judgment in the courts of the State of New York. Call us today at (212) 581-1001 for a free consultation.