Weapons Possession

Possession or use of any weapon is a serious crime in New York State that could result in a mandatory prison term. Possession of a firearm, switchblade, gravity knife, cane sword, Kung Fu star, electronic stun gun, or other weapon is illegal under most circumstances depending on whether you have a license to carry or sell such weapons. Most prosecutors refuse to reduce any possession of a weapon charge that involves a loaded firearm. This means that you will have to plead to a violent felony offense or go to trial. Often the charges result from several persons who are charged simply because they were in a car or house that contained a weapon such as a loaded firearm. Unlawful possession of a handgun in New York may face any of a number of charges which fall under the category of criminal possession of a weapon.

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The following are various categories of criminal possession of a weapon:

  • Fourth Degree Criminal Possession of a Weapon: If you have been found to simply possess a firearm, you may be charged with fourth degree criminal possession of a weapon. This offense carries a penalty of up to 1 year in jail.
  • Third Degree Criminal Possession of a Weapon: If you have a prior criminal history and are found to have possessed a firearm, you may be charged with third degree criminal possession of a weapon. Also covers possession of an assault weapon. This offense carries a penalty of up to 7 years in prison.
  • Second Degree Criminal Possession of a Weapon: If you are found to have illegally possessed a loaded handgun, or 5 or more firearms, you may be charged with second degree criminal possession of a weapon. This offense carries a penalty of up to 15 years in prison.
  • First Degree Criminal Possession of a Weapon: If you are found to have illegally possessed 10 or more firearms, or any explosive with the intent to use it against someone else, you may be charged with first degree criminal possession of a weapon. This offense carries a penalty of up to 25 years in prison.

Contact a Criminal Law Attorney in Manhattan today

Call Dalbir Singh and Associates, PC at 212-428-2000 for immediate consultation. Our office is conveniently located in the Financial District, at 40 Wall Street, Floor 25, New York, NY 10005. We’re open five days a week.

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