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May 2, 2017

New York Penal Code 265.03: Criminal possession of a weapon in the second degree

New York takes a hard stance on weapons based offenses, especially when someone is injured as a result. The following is an overview of New York penal code 265.03, which is the criminal possession of a weapon in the second degree. If you are facing a serious weapons charge such as this, it is in your best interest to seek the advice of a NYC criminal defense attorney to be sure your rights are protected.

Definition

New York law defines penal code 265.03 as follows:

  • Someone Has A Weapon In Their Possession And They Intend To Use It On Another
  • A Person Has A Machine Gun
  • Someone Disguises Or Conceals A Weapon
  • Any Type Of Loaded Firearm is In Their Possession
  • A Person Has More Than 5 Firearms

    Those who possess firearms in the above fashion in their home or business may be charged with a crime according to New York penal code 265.03, the criminal possession of a firearm in the second degree.

    Penalties

    New York penal code 265.03 is a Class C felony. The penalties are placed into 2 categories, violent and non-violent. These charges carry punishment that can include:

    • Violent Crime

    A minimum prison sentence of 3 and 1/2 years.

    A maximum prison sentence of no more than 15 years.

    • Non-Violent Offenders

    If the crime does not include violence on another person, the penalties are as follows:

    No Jail Time

    Probation lasting 1 to 15 years.

    Defense

    When you are facing charges as potentially serious as those outlined in New York penal code 265.03, it is essential to seek the advice of an experienced criminal defense attorney before going to court. If you are convicted of this crime, you will have a felony on your record that will follow you for the rest of your life. Felony charges and convictions show up on routine background checks and can keep you from obtaining employment and rental housing. Your defense attorney may do the following to help you win your case:

    • Hire Investigators
    • Locate Eyewitnesses
    • Obtain Forensic Reports
    • Negotiate A Reduced Sentence
    • Suggest Alternative Punishment instead Of Jail Time

    When sentencing someone convicted of this crime, the court may take several factors into consideration such as the defendant’s prior criminal history, whether or not the crime included violence against someone else and the background of the defendant. People who are first time offenders with ties to the community typically receive lighter sentences than those with lengthy criminal backgrounds.

    If you or a loved one is facing charges as outlined in New York penal code 265.03, must seek legal counsel as soon as possible. Waiting to speak to a criminal defense attorney only reduces the amount of time you have to mount a defense. Contact a criminal defense attorney today for a consultation and evaluation of your case. After speaking with you, your attorney will let you know the best way to move forward. Hiring an experienced criminal defense attorney is the best way to maximize your chances of obtaining a favorable outcome in court. Being well represented not only protects your rights, but it can also preserve your freedom.

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Brooklyn

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New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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