Weapons Possession Lawyer NYC - Weapons Possession Charges New York

Описание: GRAVITY KNIFE UPDATE: As on May 30, 2019, gravity knives are no longer categorized as a per se weapon under Penal Law Section 265.01(1). That means that a person can possess a gravity knife legally. However, like any other weapon or object, a person can still be arrested for possession of a gravity knife if there is an intent to use it unlawfully against another person.

In New York City, Long Island and in Westchester, the most common weapons possession charges involve firearms or knives. But weapons possession could be charged for any object if one has the intent to use an object unlawfully against another. That means that seemingly innocuous objects like a broom or even the sidewalk could be charged as weapons.

The only misdemeanor weapons charge is Criminal Possession of a Weapon in the Fourth Degree, which is a class A misdemeanor. It is charged in one of two circumstances. First if one possesses any per se weapon, which under New York State law includes things like gravity knives, metal knuckles, a billy club, to name just a few. Second, if a person possesses any weapon that is considered dangerous or deadly, which basically includes anything one could imagine. This intent to use a weapon unlawfully provision is often charged with other crimes like Assault or Menacing.

There are three felony degrees of Criminal Possession of a Weapon, and a relatively new law for possession of an unload handgun called Criminal Possession of a Firearm. Many firearm possession criminal laws in New York are categorized as violent felonies and require a mandatory minimum prison sentence.

Criminal Possession of a Firearm makes the possession of an unloaded firearm that is unregistered and unlicensed a class E felony in New York.

Criminal Possession of a Weapon in the Third Degree is commonly charged in most New York as a bump up offense. If a person has a prior conviction for any crime in any state, then if a person commits misdemeanor weapons possession falling under Criminal Possession of a Weapon in the Fourth Degree, then the charge can be bumped up from a class A misdemeanor to a class D felony. That means if a person has a prior criminal conviction and merely possesses a gravity knife they could be charged with a class D felony. Gravity knives, which are opened by flicking one’s wrist and lock into place, are widely sold in chain stores and therefore the per se designation in New York criminal laws is controversial.

In New York, Criminal Possession of a Weapon in the Second Degree is most commonly charged for possessing a loaded firearm outside of one’s home or place of business. The crime is a class C violent felony and requires a mandatory minimum of at least 3.5 years in prison for a first-time felony offender.

Finally, Criminal Possession of a Weapon in the First Degree (technically called Criminal Possession of a Dangerous Weapon in the First Degree, is a class B violent felony. It is charged when a person either has 10 or more firearms or an explosive substance with an intent to use it unlawfully.

When a person is charged with possession a weapon in New York, the recovery of the weapon commonly involves a search. That means that a skilled defense attorney will be able to challenge the constitutionality of the search and possible have the weapon suppressed by what is known as the fruit of the poisonous tree.

You can learn more about Criminal Weapons Possession laws in New York here: http://stengellaw.com/weapons-possess....

Former Manhattan Assistant District Attorney Andrew M. Stengel provides aggressive representation for misdemeanors and felonies in New York City, Westchester, Nassau and the surrounding counties.

Visit our website here: http://stengellaw.com, email us at [email protected], or call us at (212) 634-9222 for a free, confidential consultation.

The Law Firm of Andrew M. Stengel
11 Broadway, Suite 615
New York, NY 10004

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