NY Mandatory Minimum Sentencing for Gun Crimes. The maximum sentence is 15 years. Class B Violent Felony – The mandatory minimum for a Class B violent felony like first degree weapons possession is at least five years. The maximum sentence is 25 years.
If the firearm is capable of being loaded and the ammunition is in the case, or even in your pocket, the District Attorney of Manhattan, Queens, Westchester, Brooklyn, or any other county can still charge possibly you on a felony complaint and present your case to a Grand Jury to secure an indictment.
Second Degree Criminal Possession of a Weapon: NY Penal Law 265.03. A person is guilty of Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03(3) when that person possesses a loaded firearm (pistol, revolver, handgun, etc.) outside his or her home or place of business without a permit or license regardless...
In New York, as in most states, a felony is any crime that carries a potential prison sentence of more than a year. (Any crime that could be punished by incarceration for more than 15 days but less than a year is treated as a misdemeanor in New York .)
The most common firearms charge in New York and New York City involve the alleged possession of a firearm, to be specific, Criminal Possession of a Weapon in the Second Degree. If a person is allegedly caught by police with a gun, without a license to possess the firearm, which also includes rifles and shotguns, ...
Criminal Possession of a Weapon in the Fourth Degree. Criminal Possession of a Weapon in the Fourth Degree, Penal Law Section 265.01, is the only firearms charge in New York that is a misdemeanor. If a person is arrested for possessing a firearm in New York, then he or she will likely be charged with one of the degrees of felony possession such as ...
Criminal Possession of a Dangerous Weapon in the First Degree. Criminal Possession of a Weapon in the First Degree, Penal Law Section 265.04 is the most serious firearms charge in New York. However, the law does not apply to the possession of a single firearm. The firearms charge is a class B violent felony.
Under Penal Law Section 265.15 (3), Presumptions of possession, unlawful intent and defacement, if a firearm is found in a car then there is a presumption that all people in the car possess the firearm.
The definition of an assault weapon in New York also includes semi-automatic shotguns with certain characteristics, semi-automatic pistols with detachable magazines and and several other types of firearms with certain characteristics.
Criminal Possession of a Weapon in the Second Degree is the most commonly charged firearm charge in New York for the alleged possession of a loaded handgun outside one’s home or place of business.
Thus, to charge Aggravated Criminal Possession of a Weapon in New York there must be charges related to the alleged commission of some other crime. Any violent felony means of a violent felony of any class, A, B, C, D or E. The term also includes any attempt to commit a violent felony of the of class A, B, C or D.
If you are convicted of this class “C” violent felony your sentencing judge in a New York City Supreme Court or an upstate County Court can incarcerate you for as long as fifteen years. By law, the minimum sentence is a non-discretionary three and a half years.
Even if there is no ammunition, you are not free from felony prosecution. While you may be able to avoid an indictment for this offense, prosecutors will be at the ready to charge you with the class “E” felony of Criminal Possession of a Firearm, New York Penal Law 265.01-b (1). Related Offenses and Collateral Issues.
Gun and weapons possession charges in New York range from Class “A” Misdemeanors all the way up to Class “B” Violent felonies. The severity of the charge depends on the type of weapon, its use and the individual’s criminal history. Below is the explanation of the weapons possession charges, ranging from the least serious to most serious:
Under this statute, a person is guilty of a criminal sale when without legal authorization to possess a firearm, unlawfully either:
Criminal Use of a Firearm charges in both First and Second Degree require the commission of an additional charge – either a Class “C” or a Class “B” Violent felony.
These are some of the common defenses that may be useful to your gun case.
As discussed above, gun charges in New York are punishable by significant jail time. Picking a criminal defense attorney with a successful track record of getting these types of cases dismissed or pleaded down to lesser charges, is the single best thing you can do for your case.
Weapon possession charges come about when you commit a crime or are under arrest with a weapon on you. Weapon possession includes knives, explosives, guns, and many other weapons. If the cops stop you, and you have a weapon, you could get charged with weapon possession.
New York breaks the charges down into several different categories. Each charge carries a different mandatory minimum with it.
Again, New York takes a hard stand against weapons charges. You could face up to a year in jail for a misdemeanor charge of 4th-degree possession. A conviction on a 2nd-degree charge carries a minimum sentence of 3 1/2 years with a maximum of 15 years. A 1st-degree conviction comes with a minimum of 5 years and a maximum of 25 years.
A skilled attorney can help you in different ways. The attorney can determine if you were searched illegally and that illegal search could get your case thrown out. A good attorney knows the weapon possession laws well and can fight the charges. They may use lack of DNA evidence at trial or throughout plea negotiations to help you.
In New York, as in most states, a felony is any crime that carries a potential prison sentence of more than a year. (Any crime that could be punished by incarceration for more than 15 days but less than a year is treated as a misdemeanor in New York .) Like many states, New York law spells out sentencing guidelines for different classes ...
Class A-I: maximum term of life in prison, with a minimum term between 15 and 25 years (or longer for certain charges of murder or attempted murder)
Class E: maximum up to four years, with a minimum between one year and one-third of the maximum. When a defendant is convicted of a class D or E felony (and hasn't been sentenced for a prior felony within the past 10 years), the judge has the option of imposing a fixed sentence for a year or less, instead of an indeterminate sentence, ...
In general, the minimum term must be at least a year, and the maximum must be at least three years .
New York may change its sentencing laws any time, but you can find the current version of any statute discussed in this article by searching the New York Legislature's website. Court decisions might also affect how the state's laws are interpreted and applied, which is another good reason to speak with a lawyer if you're concerned about potential or actual criminal charges.
Some crimes that clearly involve violence (such as murder) are not considered a " violent felony offense" for the purpose of the sentencing rules, and some crimes that don't involve actual violence (such as possession of 10 or more guns) are considered violent felonies.
Criminal possession of a firearm: New York Penal Code § 265.01-b. Criminal use of a firearm in the second degree: New York Penal Code § 265.08. Defenses. The statute specifically states that a defense to a charge of criminal possession of a weapon in the second degree based on possessing a loaded weapon is that the loaded firearm was in your home ...
The consequences of being convicted of second degree criminal possession of a weapon is that you will have to spend time in prison and you may have to pay a steep fine. However, an experienced attorney will have the knowledge and skill to mount an aggressive defense against the charge.
NY Penal Law § 265.03: Criminal possession of a weapon in the second degree. Of the four criminal possession of a weapon charges in the New York Penal Code, criminal possession of a weapon in the second degree is one of the most serious. It does not involve possessing weapons such as switchblades or razors.
The man was charged with criminal possession of a weapon. A jury could conclude that even though the man claimed that he had no intent to use it in an unlawful manner, that he did indeed possess it with the intent to use it in an unlawful manner because he discarded it and lied about it after he shot his cousin.
Sentence. Criminal possession of a weapon in the second degree is a class C felony. If you are convicted the judge can sentence you to up to 15 years in prison. Furthermore, because it is also classified as a violent felony offense, the minimum prison sentence that you will receive is 3 1/2 years. In other words, the judge will not have ...
For example, if you were breaking a traffic law such as speeding or failing to stop at a red light, then the police would have a lawful reason to stop you. Otherwise, the traffic stop would be unlawful and any evidence uncovered from the stop would be inadmissible.
You can only be convicted of this crime if you possess a firearm or a gun. Under New York Penal Code § 265.03, it is illegal to possess a machine gun, a loaded firearm, a disguised gun with the intent to use it in an unlawful manner, or to possess 5 or more firearms.
For example, it may specify what type of firearms the convicted felon is allowed to own, such as just handguns or long guns only. The Certificate of Relief from Disabilities is available to offenders who were released from a correctional facility or they have a recommendation from their supervising Parole Officer.
Those with convictions for violent felonies or Class A1 felonies are barred from gun rights restoration. The state offers two different types of certificates ...
The state offers two different types of certificates that can restore gun rights in some cases. Those seeking to regain their firearm rights must apply for a Certificate of Good Conduct from the New York State Board of Parole or a Certificate of Relief from Disabilities is granted by the court. A Certificate of Good Conduct can lift the ban ...
There are six ways a person can be charged with criminal possession of a weapon in New York City: The way a weapons possession offense is categorized, or graded, depends on the circumstances of the alleged crime. However, speaking broadly, a person can be charged with possession of weapons when he or she owns:
NY Penal Law § 70.02, which sets forth sentencing laws for all types of violent felonies, establishes the following mandatory minimum sentences: Class D Violent Felony – While the normal mandatory minimum for a Class D violent felony is at least two years, the statute makes an explicit exception for third degree weapons possession, ...
The maximum sentence is 15 years. Class B Violent Felony – The mandatory minimum for a Class B violent felony like first degree weapons possession is at least five years. The maximum sentence is 25 years. While possession in the fourth degree is graded as a misdemeanor rather than a felony, make no mistake: a conviction can still result in serious ...
Under NY Penal Law § 265.19, possession of a weapon becomes an aggravated offense when the defendant commits weapons possession in the second degree and commits a violent felony (e.g. burglary or robbery). Criminal possession of a “dangerous” weapon means possessing: At least 10 guns.
New York classifies criminal offenses as felonies, which carry extremely serious penalties, or misdemeanors, which are lesser offenses. Felonies are separated into “classes” ranging from Class E to Class A, with a “violent” or “non-violent” designation.
A weapon “with intent to use [it] unlawfully against another.”. A weapon which has been altered or defaced to prevent tracing it back to the owner or user. A firearm for which he or she does not have appropriate permits and licenses. A shotgun, rifle, or other firearms, despite having a previous felony conviction.
For weapons possession on school grounds, which is classified as a Class E non-violent felony, a defendant may be sentenced to up to four years in prison. If one of your family members was arrested for possessing a gun or other dangerous weapons in New York City, he or she risks being sentenced to years in prison.