Charges related to criminal possession of a firearm in New York include:
- Criminal possession of a firearm: Knowingly possessing an operable firearm can be charged as a class E felony, punishable by up to 4 years in prison and a $5,000 fine.
- Criminal possession of a Weapon 4th degree: Anyone carrying any type of outlawed weapon can be charged with a class A misdemeanor, punishable by up to 1 year in jail.
- Criminal possession of a Weapon 3rd degree: This class D felony carries a penalty of 2 to 7 years in prison and can be charged in a number of circumstances, including possession of three or more weapons, or removing serial numbers of other identifiers.
- Criminal possession of a Weapon, 2nd degree: This class C felony carries a penalty of 3.5 to 15 years in prison and can be charged when a person is convicted of having a loaded weapon with intent to use it unlawfully against another, or for possession of five or more firearms.
- Criminal possession of a weapon, 1st degree: This class B felony carries a penalty of 5 to 25 years in prison and can be charged if convicted of possession of an explosive device intended for use, or for possession of 10 or more firearms.
Those accused of having a weapon in the commission of a serious felony can be charged with criminal use of a firearm, which is a class C felony carrying a penalty of up to 15 years in prison, in addition to the penalties associated with conviction of the underlying criminal charge, such as burglary or rape.
In addition to actual possession, New York law also recognizes constructive possession, which implies that a defendant had dominion or control over a weapon. Such charges are often filed when a gun is found in a car or home, for which nobody claims ownership. These cases can result in very
serious criminal charges for innocent defendants. The aggressive legal help of an experienced New York City criminal defense attorney is always necessary at the earliest stages of such cases.
Prosecutors must prove each element of each charge. When they fail, a defendant cannot be convicted. The progressive nature of violent crime laws in New York mean any reduction of charges can significantly reduce penalties for both a current and future conviction. In particular, New York’s three-strikes law mandates an indeterminate life sentence for conviction of a third violent felony, which often subjects defendants to decades behind bars for conviction of a third offense, even if a relatively minor charge.
As a former supervisory assistant district attorney, Jacob Uriel spent 14 years prosecuting sex crimes, major narcotic cases, presenting cases to the grand jury, and as a prosecutor in the felony trial and vehicular crimes bureaus. Today, he uses his experience as a prosecutor to focus his practice exclusively on criminal defense throughout the metro area, including misdemeanors, felonies, homicides, sex crimes, domestic violence, drug charges, property crimes and DWI defense.
At Uriel Criminal Defense PC, we believe anyone
facing criminal charges deserves immediate access to an experienced New York City criminal defense attorney and we represent clients throughout New York City and the surrounding areas, including the boroughs of Manhattan, Staten Island, Queens, the Bronx and Brooklyn. We are available 24 hours a day, 7 days a week for a free and confidential consultation to discuss your rights. Call
(833) 733-4448.
