Possession of a Weapon
The criminal possession of a weapon is a serious charge in the state of New York. Laws regarding the possession of a weapon in this state are lengthy and convoluted, which means it is necessary to retain a criminal defense attorney as soon as you are charged.
What is a Weapon?
There are many different types of weapons that a person can be criminally charged with having in New York. The most common types of weapons a person can be criminally charged with possessing include:
- Machine guns
- Firearm silencer
- Assault weapon
- Switchblade knife
- Gravity knife
- Pilum ballistic knife
- Metal knuckle knife
- Automatic knife
- Chuka stick
- Electronic dart gun
- Kung fu star
- Electronic stun gun
- Armor piercing ammunition
It’s important to note this is just a brief list of weapons that can be considered criminal if possessed illegally.
Criminal Possession of a Weapon Charges
Fourth Degree Criminal Possession of a Weapon
Under New York state statute, a defendant can be found guilty of criminal possession of a weapon in the fourth degree if they are found to be in possession of any of the weapons mentioned above. Law enforcement and prosecutors can also extend this charge to a variety of other weapons, if it is found to be dangerous or a deadly weapon. Additionally, a person can be found guilty if any of the following is true:
- In possession of a dangerous or deadly weapon and is not a US citizen
- Certified unsuitable to possess a firearm
- Refuses to yield possession of a weapon under the demand of a police officer
- Knowingly possesses a bullet containing an explosive substance that is designed to Detonate upon impact
- Possessing armor piercing ammo
Third Degree Criminal Possession of a Weapon
New York law describes a third degree criminal possession of a weapon if they have previously been convicted of criminal possession of a weapon in the fourth degree. A defendant can also be charged in this degree if they have three or more weapons or possess a large amount of ammo and ammo feeding devices. Even if a person is in possession of an unloaded gun, they can be charged under the third degree if they commit a drug trafficking crime or other violent felony. This particular crime in New York is a class D felony.
Criminal Possession of a Weapon in the Second Degree
Criminal possession of a weapon in the second degree is a class C felony. A defendant can be found guilty of this crime if any of the following situations apply.
- Defendant has intent to use the weapon against another person
- Possesses more than five firearms
- Possesses a machine-gun, loaded firearm, or disguised gun
Criminal Possession of a Weapon in the First Degree
Criminal possession of a weapon in the first degree is a class B felony. To be found guilty of this crime, a person must be found with any explosive substance with the intent to use it unlawfully or possesses more than ten firearms.
Criminal Charges for Possession of a Weapon
New York laws regarding the possession of a firearm are extremely lengthy and complex. Other situations that could result in a criminal charge include:
- Unlawful possession of a weapon by a person under 16
- Hunting with a dangerous weapon
- Unlawful possession of a weapon on school property
Possession of a Weapon Defense Attorney in New York
If you have been charged with the criminal possession of a weapon, it is imperative that you contact a criminal defense attorney today. A charge of this magnitude comes with serious consequences and penalties. Working with an attorney can help you navigate the criminal process easier and increase your chances of earning a positive outcome.