New York 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
- NY Penal Law § 265.01-b — Criminal Possession of a Firearm
- NY Penal Law § 265.01 — Criminal Possession of a Weapon, Fourth Degree
- NY Penal Law § 265.02 — Criminal Possession of a Weapon, Third Degree
- NY Penal Law § 265.03 — Criminal Possession of a Weapon, Second Degree
- NY Penal Law § 265.04 — Criminal Possession of a Weapon, First Degree
- NY Penal Law § 265.08 — Criminal Use of a Firearm, Second Degree
- 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 New York 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.