New York Student Weapon Defense Lawyer

New York criminal possession of a weapon charges can result in paying fines and spending time in prison. For students, having a criminal record can significantly affect renting an apartment, getting a job, and receiving financial aid.

If you are a student facing a criminal possession of a weapon charge, contact an experienced New York student weapon defense lawyer to review the charges against you. Work with capable student defense attorney that can determine what legal defenses may apply to your situation.

New York Penalties for Criminal Possession of a Weapon

New York considers many items to be weapons. According to New York Penal Law § 265, et. seq., the list includes all types of guns and rifles, knives and swords, stun guns, and more.

New York recognizes four degrees of criminal possession of a weapon, first-degree, second-degree, third-degree, and fourth-degree criminal possession of a weapon. A knowledgeable New York student weapon defense lawyer can further explain the differences between the degrees, and can defend the accused individual.

First-Degree Criminal Possession of a Weapon

According to NY Penal Law § 265.04, applies if someone possesses any explosive substance with intent to use the same unlawfully against the person or property of another, or ten or more firearms. This is considered a Class B felony which can result in spending up to 25 years in prison.

Second-Degree Criminal Possession of a Weapon

According to NY Penal Law § 265.03, this applies when someone has the intent to use a weapon against another and possesses a machine-gun, a loaded firearm, a disguised gun, five or more firearms, or any loaded firearm. This is considered a Class C felony which can result in spending up to 15 years in prison. A New York student weapon defense lawyer can attempt to mitigate the charges that a person faces.

Third-Degree Criminal Possession of a Weapon

According to NY Penal Law § 265.02, this applies if someone:

  • Commits the crime of criminal possession of a weapon in the fourth degree and has been previously convicted of any crime
  • Possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use
  • Knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun
  • Possesses three or more firearms or has a previous weapons conviction
  • Knowingly possesses any disguised gun
  • Possesses an assault weapon
  • Possesses a large capacity ammunition feeding device
  • Possesses an unloaded firearm and also commits a drug trafficking felony
  • Possesses an unloaded firearm and also commits any violent felony offense

This is considered a Class D felony which can result in spending up to seven years in prison.

Fourth-Degree Criminal Possession of a Weapon

According to NY Penal Law § 265.01, this applies if someone possesses:

  • Any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub, wrist-brace type slingshot or slungshot, shuriken, or kung fu star
  • Any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another
  • A rifle, shotgun, antique firearm, blackpowder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense
  • Any dangerous or deadly weapon and is not a citizen of the United States
  • This is considered a Class A misdemeanor which can result in spending up to one year in prison. It is important to keep in mind that minors may be treated as adults when convicted of felonies in New York. However, there may be numerous legal defenses available to students who are charged with criminal possession of a weapon. A skilled New York student weapon defense lawyer can help an individual choose the defense that is right for them.

    Speaking With a New York Student Weapon Defense Attorney

    If you are a student facing a weapons charge, contact a New York student weapon defense lawyer who can begin building the most robust defense possible for you and ensure that your rights are protected.