Criminal Possession of a Weapon
Firearms, knives and other dangerous weapons are governed by Article 265 of the Penal Law. Some of the more serious charges in the state of New York, and particularly in New York City, involve the illegal possession of firearms. The penalties associated with these charges are severe which is evident by New York State’s mandatory minimum sentencing guidelines. Whether it’s challenging the lawfulness of the stop, search, seizure, any legal presumptions, or the legality of any statements, Mr. Garcia has significant experience in skillfully defending clients against criminal possession of firearms/weapon charges. Without an experienced defense attorney, you may face lengthy incarceration, extensive fines and significant collateral consequences.
Criminal possession of a weapon charges our office has handled:
Criminal Possession of a Weapon in the Fourth Degree
Under PL 265.01, in pertinent part, a person can be charged if they possess: firearms, electric dart and stun guns, switchblade, pilum ballistic knife, cane swords, billy clubs, blackjacks, bludgeons, plastic knuckles, metal knuckles, chukka sticks, sand bags, sandclubs, certain sling shots, shirkens or “Kung Fu stars.” Class A misdemeanor.
Criminal Possession of a Weapon on School Grounds
Under PL 265.01(a), a person can be charged if they knowingly possess a rifle, shotgun, or firearm on school grounds. Class E felony.
Criminal Possession of a Firearm. PL 265.01(b) criminalizes the possession of any unregistered and/or unpermitted loaded or unloaded firearm outside the person’s home or place of business. Class E felony.
Criminal Possession of a Weapon in the Third Degree
Under PL 265.02, a person can be charged if they have a prior criminal conviction and possesses a weapon of any kind; any explosive or incendiary device; firearm silencer; machine gun; any defaced or disguised firearm; an assault weapon; three or more firearms; any large capacity ammunition feeding device; unloaded firearm used in a narcotics or violent offense. Class D felony. (This section can be used to “bump up” a misdemeanor possession charge to a felony possession charge if the person has any prior criminal convictions)
Criminal Possession of a Weapon in the Second Degree
Under PL 265.03, a person can be charged when, with intent to use same unlawfully against another, such person possesses a machine-gun; a loaded firearm; a disguised gun or five or more firearms machine gun. Class C violent felony.
Criminal Possession of a Weapon in the First Degree
Under PL 265.04, can be charged when the accused is alleged to possess an explosive substance with intent to use it unlawfully against another person or when the accused illegally possesses 10 or more firearms. Class B violent felony.
Punishment and Penalties
Criminal Possession of a Weapon convictions involving firearms in New York involve mandatory incarceration. Many factors are involved in sentencing including but not limited to: prior convictions, whether one is a non-violent predicate, violent predicate, persistent felony offender, juvenile or youthful offender. As in every area of the law, there are clear disparities in punishment and sentencing which require an experienced and knowledgeable attorney to vigorously defend, protect, provide mitigation and limit your exposure.
For first time offenders, the penalties are as follows:
-NY Penal Law 265.01, Criminal Possession of a Weapon in the Fourth Degree carries a sentence of up to one year in jail.
-NY Penal Law 265.02, Criminal Possession of a Weapon in the Third Degree carries a mandatory minimum of 2 years in prison and a maximum of 7 years in prison.
-NY Penal Law 265.03, Criminal Possession of a Weapon in the Second Degree carries a mandatory minimum of 3½ years in prison and a maximum of 15 years in prison.
-NY Penal PL 265.04, Criminal Possession of a Weapon in the First Degree carries a mandatory minimum of 5 years in prison and a maximum of 25 years in prison.
Experienced New York Criminal Possession of a Weapon Attorney
If you have been arrested for violating any section of Article 265 of the New York Penal Law, it’s in your best interest to obtain experienced legal counsel. The sooner the legal issues surrounding the recovery of the weapon are evaluated and identified, the greater your chances to prepare a strong defense. Mr. Garcia is a seasoned litigator and his substantial experience as a prosecutor provides an irreplaceable first-hand perspective of how prosecutors and law enforcement officials develop and investigate their cases.
The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.