New York Penal Code 265.19: Aggravated criminal possession of a weapon
Similar to laws in other cities and states, the New York Penal Code has a variety of penalties and punishments related to the possession and use of a variety of types of weapons. One of the most significant weapon-related penalties that the penal code has is aggravated criminal possession of a weapon.
Crime Description
In general, aggravated criminal possession of a weapon is a crime in which you commit criminal possession of a weapon while also committing another felony at the same time. Due to the combination of both charges, those that are convicted of aggravated criminal possession of a weapon could face severe penalties.
Examples of Crime
There have been many situations and events that have led to the charges of aggravated criminal possession of a weapon in the past. One example of this would be if a person is caught with a large quantity of a controlled substance, which would then lead to a felony possession and intent to sell charge. At the same time, if the person with the controlled substance has a weapon on their person, they would also be charged with aggravated criminal possession of a weapon.
To qualify for aggravated criminal possession of a weapon, the weapon must meet certain criteria. Simply having a gun that is registered and not loaded would likely lead to the charge being waived. However, if the gun is loaded, or is an illegal firearm, the aggravated criminal possession of a weapon will likely continue to be held.
Defense of the Crime
Since aggravated criminal possession of a weapon is such a significant charge, it is important to hire a NYC criminal lawyer that is experienced in defending such crimes. A NYC criminal attorney that is defending someone facing this crime will likely use a common strategy to defend against the charge.
One of the most likely strategies to win a defense case against the charge is to fight both this charge, and the other charge that has taken place. Technically, in order to be charged with aggravated criminal possession of a weapon, you will have to be charged with another felony as well. The defense attorney will then have the ability to defend against both charges at the same time. If the prosecuting attorney is not able to prove your guilt for both crimes, the aggravated criminal possession of a weapon will likely be dropped. However, the defendant could still be charged with and convicted of the other felony charge.
Sentencing and Punishment
Since aggravated criminal possession of a weapon is considered a Class C felony, punishment of the crime can be severe. The maximum sentence for the crime today is up to 15 years in prison. If you are convicted for the first time, you could receive a lighter sentence, but you will still have to serve at least 3 years in prison. After you have served your sentence, you will likely have to serve an additional amount of time in some form of post-release program. All time served could be longer as well, depending on whether you are charged with the additional felony.
Beyond the prison sentence, there will likely be additional penalties as well. The New York law currently requires that you pay a mandatory fine of up to $15,000.
In conclusion, a charge of aggravated criminal possession of a weapon is a serious charge and could lead to significant prison time and financial penalties. Because of this, it would be beneficial to hire a NYC defense attorney that is experienced in defending such cases. They may be able to fully defend you in court, but could also help to plea down to a lower charge.