New York Penal Code 265.02: Criminal possession of a weapon in the third degree

New York Penal Code 265.02: Criminal possession of a weapon in the third degree

The New York Penal Code sets forth four offenses that are associated with the unlawful possession of a weapon. Pursuant to the New York Penal Code, a weapon is not only identified as a gun, but also items like a switchblade knife, blackjack, or a razor. Criminal possession of a weapon on the third degree is considered a violent crime in New York.

Elements of Criminal Possession of a Weapon in the Third Degree

The New York Penal Code is explicit in what a person can do to violate the criminal possession of a weapon on the third degree law. You can be convicted of this crime if you have a prior conviction for this type of crime and commit criminal possession of a weapon on the fourth degree. The fourth degree charge will be enhanced.

You can also be charged with this crime if you possess a bomb, silencer, or machine gun. In addition, you can be charged with this crime if you knowingly possess an altered machine gun, or any other type of altered firearm. The alteration must be done to conceal the weapon.

You can be charged with this crime if you possess 3 or more firearms. You can be charged if you possess a firearm and committed a felony or class A misdemeanor during the past five years.

A criminal possession of a weapon on the third degree charge can be made if you possess a disguised gun, an assault weapon, or a large capacity ammunition feeding device. You can face a criminal possession of a weapon on the third degree charge if you possess an unloaded firearm while committing a drug-trafficking offense. You can be charged with this crime if you possess an unloaded firearm while committing any violent felony offense.

Example of Criminal Possession of a Weapon in the Third Degree

Law enforcement is conducting a lawful search of Brian’s automobile. While doing so, they uncover three firearms in the trunk of the car, that belong to Brian. Based on the fact pattern, Brian can face the prospect of being charged with criminal possession of a weapon on the third degree.

Sentence for Criminal Possession of a Weapon in the Third Degree

criminal possession of a weapon on the third degree is classified in the New York Penal Code as a class D felony. Consequently, if you are convicted of this crime, you pace the possibility of a prison sentence for seven years. Criminal possession of a weapon on the third degree is considered a violent offense, according to the New York Penal Code. Therefore, you face a mandatory minimum jail sentence of two years. Upon conviction for this crime, you may also face the imposition of fines and other costs..

Defenses to Criminal Possession of a Weapon in the Third Degree

One type of defense used in a criminal possession of a weapon on the third degree is that the police search itself that uncovered certain weapons was unlawful or unconstitutional. A skilled, experienced NYC criminal attorney is best able to put forth this type of defense in a criminal possession of a weapon on the third degree case.

A New York criminal defense lawyer will provide a case evaluation, including possible defenses, during an initial consultation with a prospective client. A potential client also has the opportunity to ask any questions of legal counsel at that time as well. As a general rule, in the state of New York, a criminal defense lawyer does not charge a fee for an initial consultation in a criminal possession of a weapon on the third degree case.

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