Weapons Possession Charges in New York
When someone is charged with possession of a weapon in New York, it is a very serious situation. Making a mistake could result in very significant punishment. It's possible for someone who is found guilty of illegally possessing a weapon to face a mandatory prison sentence. Once a person is charged with weapons possession, they should immediately contact an attorney.
Loaded Gun
It is generally accepted that possession of a gun that is not loaded isn't as serious as being charged with possession of a gun that has been loaded. New York has it's own definition of what is and is not a loaded gun. It is not necessary for a gun to have ammunition in it to be considered loaded. Should a person be in possession of a gun that is unloaded, but has ammunition for the gun near it, the gun is then determined to be loaded. Even if a person has a gun that has been dismantled and unable to hold ammunition, a person could still be given a charge of weapons possession. The thinking is that a dismantled gun is still able to be reassembled and put into operation.
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Presumptive Possession
In the state of New York, presumptive possession is a type of weapons charge that enables a district attorney to charge a number of people for Criminal Possession of a weapon when only one gun is involved. This can happen when a gun is found in a common area where several people have access. Should there be several people in a van, and an illegal gun is found under one of the seats, every person in the van can be charged with Criminal Possession of a Weapon. This thinking is that everyone in the van had access to the gun.
First Degree
To prove a person is guilty of in the first degree it must be shown they possessed an explosive substance with intent to use them. Their intent was directed against a person or property. A person can also be charged in the first degree if they are found guilty of possessing ten or more firearms. This is a class B felony and could result in a person spending up to 25 years in prison.
Second Degree
To be found guilty of this an individual must possess a weapon with the intent to unlawfully use it against another person. People can be charged with this if they possess a machine-gun, five or more loaded firearms, a disguised gun or are in possession of any loaded firearm and more. This may not apply if a person is in their home or place of business. This is a class C felony, and a person could get up to 15 years in prison.
Third Degree
A person is guilty of this when they are in possession of three or more firearms, any type of explosive, machine gun or bomb. They possess a firearm that has been altered for the purpose of concealment, possess an assault weapon, or large capacity device for feeding ammunition and more. This is a class D felony, and a person could get up to 7 years in prison.
Fourth Degree
Any individual can be found guilty of this if they possess a firearm, cane sword, slingshot, switchblade knife, metal knuckle knife and others. They knowingly have possession of a shotgun, rifle, firearm, are on or around grounds or a building used for the purposes of education. Possess any deadly or dangerous weapon and is not a citizen of the United States, possess rifle, shotgun or firearm and has been convicted of a felony. Has been designated as a person not suitable to possess a weapon or refuses to yield a weapon when demanded by law enforcement and more. This is a class A misdemeanor and a person could be given up to twelve months in jail.
If you are facing weapons possession charges in New York, it is crucial to consult with an experienced criminal defense attorney who can protect your rights and provide a strong defense strategy