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Weapons Possession Cases

Weapons Possession
In the state of New York, weapons possession is no game at all. Being one of the strictest states on guns and weapons overall, New York has earned a reputation for stiff penalties, no matter who you are and how rich you might be – famously locking up professional athletes and musicians alike, without batting an eyelash. Those caught violating any of the state’s numerous statutes relating to weapons possession can face serious jail/prison sentences as well as hefty fines. While guns get the most media attention, New York also limits the possession and use of other types of weapons, such as knives, brass knuckles, blackjacks, tasers and more. However, as one of the best criminal defense attorney NYC has to offer, Ms. Yanina Tabachnikova, Esq. has got the experience as well as the intelligence and courtroom savvy to help clients not only get reduced sentences, but to find loopholes in the system that allow their cases to be dropped altogether. In the event you are dealing with a serious weapons possession charge, be sure to contact her today – in the meantime, learn more about the subject below.

Penalties for Weapons Possession in New York
The punishment for weapons possession in New York depends on the exact charge. The main types of weapons possession offenses are as follows: 

  • Criminal Possession of a Firearm (P.L. 265.01-b) applies in cases where a person knowingly possesses an operable firearm. This is a class E felony punishable by 1 to 4 years in prison and a fine of up to $5,000. 
  • Criminal Possession of a Weapon, Fourth Degree (P.L. 265.01) is the least severe weapons offense in NY. It is a class A misdemeanor and applies to anyone carrying any kind of outlawed weapon. A conviction can lead to up to 1 year in jail. 
  • Criminal Possession of a Weapon, Third Degree (P.L. 265.02) is a class D felony and applies to a variety of more serious circumstances, such as when the weapon has been defaced so as to hide the serial number or another identifier, or when a person possesses three or more weapons at the time of being charged, among others. If convicted of criminal possession of a weapon in the fourth degree, a person faces a minimum of 2 years to as much as 7 years in prison. 
  • Criminal Possession of a Weapon, Second Degree (P.L. 265.03) is a class C felony with a minimum sentence of 3.5 years and a maximum sentence of 15 years. It applies in situations where a person is accused of having a loaded weapon with intent to use it unlawfully on another. It can also be charged against someone who possesses five or more firearms. 
  • Criminal Possession of a Weapon, First Degree (P.L. 265.04) is the most severe weapons possession charge in New York. A person can be charged with this class B felony if he/she is caught with an explosive device and intends to use it or if he/she is in possession of 10 or more firearms. Conviction means a minimum sentence of 5 years and a maximum sentence is 25 years in prison.

Penalties for Criminal Use of a Firearm (P.L. 265.08 & 265.09)
In addition to charges in charges of criminal possession of weapon, a person can also be charged with criminal use of a firearm. The difference between a criminal possession charge and a criminal use charge is that the latter requires the weapon to be used in the act of committing a class C felony (e.g. second-degree burglary) or class B felony (e.g. first-degree rape). In addition, the statute requires that the weapon be loaded with a shot that is readily capable of producing death or other serious injuries. Alternatively, the person can be charged if he/she displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm in the commission of said felony. Criminal Use of a Firearm, Second Degree is itself a class C felony and carries a penalty of up to 15 years in prison on top of any possible sentencing for the underlying felony. Criminal Use of a Firearm, First Degree is a class B felony with a maximum possible sentence of 25 years in prison in addition to any penalties for the underlying felony.

Actual Versus Perceived Possession of a Weapon
Within the state of NY recognizes two types of possession. Actual possession means the person has predominant access to a weapon. This would be the case if the weapon was concealed on one’s person or nearby (between car seats). By contrast, constructive possession implies that one or more persons had dominion or control over an item. A weapon found in one’s car, which a person has dominion over, even if it is not readily accessible (e.g. in the trunk) is still constructively possessed. The same is true of a weapon found under a bed in one’s home.

Contact an Attorney Today!
Within the state of New York, gun possession is taken more seriously than any other charges – in fact, there are mandatory minimums and while NYC will prosecute you, in some cases, depending on where you found the weapon, or purchased it, can make the case a federal one – landing you in even more hot water. Don’t let a minute pass, and get the justice you deserve now! For more information about the legal process surrounding weapons possession, or to schedule an actual weapons possession consultation, be sure to contact the Law Offices of Ms. Yanina Tabachnikova today!

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