Violent Crimes
Weapons Charges
New York has some of the strictest weapons laws in the country. What is legal in most other states — carrying a loaded firearm in a car without a permit, possessing certain types of knives — can be a felony in New York. The penalties for weapons charges here reflect that strict approach, and they include mandatory minimum sentences that take discretion away from the judge.
If you have been charged with a weapons offense in New York, you need to understand two things immediately: first, what exactly you are charged with and what the potential penalties are; and second, what defenses are available. Call me before your first court appearance.
Criminal Possession of a Weapon in New York
New York Penal Law Article 265 governs weapons offenses.
Criminal Possession of a Weapon in the Fourth Degree (§ 265.01): Possessing certain weapons — including certain knives, loaded firearms without a license, disguised firearms, and electronic dart guns. Class A misdemeanor.
Criminal Possession of a Weapon in the Third Degree (§ 265.02): Possessing a loaded firearm without a license, possessing a defaced firearm, or having a prior conviction and possessing any firearm. Class D felony.
Criminal Possession of a Weapon in the Second Degree (§ 265.03): Possessing a loaded firearm with intent to use it against another person, or possessing a loaded firearm outside of one's home or business without a permit. Class C violent felony — carries a mandatory minimum of 3.5 years in state prison.
Criminal Possession of a Weapon in the First Degree (§ 265.04): Possessing 10 or more firearms. Class B violent felony.
How Weapons Cases Are Defended
The most powerful weapon in weapons defense is the Fourth Amendment. Most weapons charges arise from a search — of a person, a vehicle, or a home. If the search was unconstitutional, the weapon can be suppressed and the charge dismissed. Challenging the legality of the search is often the central question in these cases.
Other defenses include: challenging whether the defendant actually possessed the weapon (constructive possession); challenging whether the weapon meets the legal definition of the charged item; and, for firearm charges, whether the defendant had a valid license.
Frequently asked questions
Speak with Yvonne directly
Weapons charges carry mandatory minimum sentences. Do not delay. Call (845) 290-2492 immediately. Available 24/7.