Personal Attention, Proven Results

Understanding criminal possession of a weapon laws in New York

On Behalf of | Nov 16, 2022 | Firm News

One of the most severe offenses in New York is criminal possession of a weapon. The New York Penal Code’s definition of “deadly weapon” includes any loaded weapon that can readily produce death or other serious injuries when shot.

There are legal consequences for possessing an illegal deadly weapon in the state.

Criminal possession of a weapon charges

Someone may face charges with criminal possession of a weapon for owning a weapon with an intent to use it unlawfully against someone or when a person has a weapon without the appropriate licenses.

When combined with a violent felony such as burglary or robbery, the possession of a weapon turns into an aggravated offense.

New York sentencing for weapon crimes

State law outlines four degrees of illegal possession of a weapon. Criminal possession of a weapon in the fourth degree is a Class A misdemeanor that applies to outlawed weapons. The offender may face up to one year in jail.

Third-degree criminal possession of a weapon is a Class D felony. This includes serious offenses such as owning a defaced weapon to hide any identification or possessing at least three illegal weapons at the time the police charge you. A Class D conviction ranges from two to seven years in prison.

A Class C felony or second-degree criminal possession applies when a person owns a weapon with an intent to use it unlawfully against another. The convicted might serve a maximum of fifteen years in prison.

A Class B first-degree felony sentence ranges from five to twenty-five years. This most severe weapons charge in the state penalizes those caught with explosive devices who intend to use them.

Overall, New York law strongly discourages criminal possession of dangerous weaponry.