What is a Weapons Charge?
In the state of New York, weapons charges can become more complicated because they usually overlap with other crimes such as assault and battery, robbery, among others. If you are facing weapons charges, you need to enlist the services of a defense attorney with experience in many areas of criminal defense law.
There are various classes of weapons charges, from the blatantly dangerous weapons like firearms and knives to tools not intended for causing harm/damage but used as such like baseball bats or brass knuckles.
In New York, you may be charged with a weapons-related charge if in the course of committing a violent act or criminal offense you used an item which has the potential to inflict serious bodily injury or death to the victim.
There are many scenarios that could attract weapons charges, mostly because there is a host of situations involving some degree of violence where weapons could be used. Some instances where a weapons charge may be brought against you include:
- Brandishing a weapon
- Carrying or using a concealed weapon unlawfully
- Possession of a weapon for persons previously convicted on felony crimes
- Carrying out assault on another person using a deadly weapon
Types of Weapons Charges
The gravity of the charges you might face depends on the exact nature of the offense brought against you. The following are some of the most common weapons charges in the state of New York.
- Unlawful possession of weapons within school grounds – charges for persons over 16 who carry any form of weapon on any school property without written permission
- Criminal use of a firearm– charges for people who use deadly weapons in the process of committing Class C felonies. There are varying degrees to the charge depending on the type of weapon and the nature of the crime being committed
- Criminal sale of a firearm – charged to a person who sells/possesses a firearm with the intention of selling without appropriate authorization to do so. Larger numbers of firearms attract more serious charges
- Assault with a deadly weapon– part of assault crimes. Criminally negligent assault using a deadly weapon attracts the charge of third degree assault and first/second degree if actual harm was caused to the victim
Jail Time for Weapons Charge
If you have been arrested for holding weapons, the most important thing to do is to exercise your right to remain silent until you have spoken to a criminal defense attorney and have representation at any interrogation/interview. Do not talk to any friends or family members either, as they can be compelled to give testimony against you.
Weapons charges in New York carry significant sentences including years of mandatory jail sentences. You therefore want to take every precaution to ensure you have the best chance to mount a solid defense. Even if you’re just trying to be helpful, your answers can be turned around and used against you.
Contact the Law Office of Stephan Jacob Siegel, Esq. for an initial consultation and case evaluation at the earliest moment, and we will help you put up the defense to increase your chance of a fair trial.