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Brooklyn Possession of a Weapon Lawyers

April 1, 2017 Brooklyn Criminal Lawyers

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.

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.

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