Under New York law, some of the most serious offenses a person can receive are charges involving the possession and/or use of a weapon. Even the lowest tier of these crimes carries a possible penalty of up to one year in jail, and it can take very little to increase the seriousness of the crime and, consequently, the possible penalties.
What are the Different Weapon Possession Charges?
Like many criminal lawyer laws in New York state, weapon possession crimes are tiered according to the severity of the crime and the harshness of the potential penalties. While a fourth degree charge may be only a misdemeanor, a first degree charge is a very serious felony. Unlike some other criminal charges, however, even the lowest level weapons charge is a serious matter.
Fourth Degree Criminal Possession of a Weapon
It is remarkably easy for someone to find themselves with the misdemeanor charge of fourth degree criminal possession of a weapon. An individual may be charged with this crime depending upon how they use certain instruments, but for some weapons, the mere possession is enough to support a charge. For instance, if a person is in possession of a switchblade or gravity knife, metal or plastic knuckles, bludgeon, or shirkin (“Kung Fu star”), that person can be charged merely for possessing those weapons. Other weapons like daggers, knives, and imitation pistols require the intent to use these weapons unlawfully against another.
This charge is exceptionally broad because it also includes the possession of a rifle shotgun or firearm on school property; possession by someone who has been convicted of a felony or serious offense; possession by someone who is not a citizen of the United States; possession by someone who is not suitable to possess a rifle or shotgun; possession of explosive ammunition; and possession of armor piercing ammunition with the intent to use it unlawfully against another.
Fourth Degree Criminal Possession of a Weapon is a Class A misdemeanor and could lead to up to one year in jail and as much as $1,000 in fines. For more in-depth information about this charge, see NY PENAL § 265.01: Criminal Possession of a Weapon in the Fourth Degree.
Third Degree Criminal Possession of a Weapon so You should take help of criminal lawyer
This charge is considered a violent felony. One of the most common ways to get charged with Third Degree Criminal Possession of a Weapon is by having a prior criminal conviction and committing a crime qualifying for Fourth Degree Criminal Possession of a Weapon. Even without a prior crime, the possession of certain weapons can ensure a third degree charge. These weapons include bombs, firearm silencers, machine guns, disguised guns, assault weapons, or a firearm, rifle, shotgun, or machine gun that has been defaced to conceal a crime or the identity of the weapon. Firearms with large capacity ammunition feeding devices also qualify under this tier.
