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New York Penal Code %c2%a7 265 01 Criminal Possession Weapon Fourth Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 28, 2023)

Last Updated on: 28th July 2023, 07:22 pm


When Carrying an Illegal Weapon in NYC Leads to Serious Penalties

Yo listen up homies, possessing an unlicensed or illegal weapon in New York City ain’t no joke. The justice system takes that stuff mad serious, even if you didn’t mean no harm. Ask my boy Julio – he got popped just for having a gravity knife in his pocket while walking home from work. Five years later and he’s still locked up thanks to the mandatory minimum sentence. Let that sink in.

You might be thinking nah, it was just a misunderstanding, they can’t slap me with felony charges over some petty stuff. But trust me G, the D.A. will hit you with the book faster than you can say “unconstitutional.” They love charging hustlers under New York Penal Law § 265.01 for criminal possession of a weapon in the fourth degree. Don’t think you can skate by without an experienced NYC defense crew that knows the deal.

That’s where my legal eagles at Spodek Law Group come in handy. Their leader Todd Spodek is like Johnnie Cochran meets Harper Lee out here exposing unjust weapon laws. When the system stacks the deck against you, these are the public defenders you want going to bat no questions asked. But first let me break down the law so you know what you’re up against.

The Deets on New York’s Weapon Possession Laws

Say you get stopped on a 116th and Lenox corner rocking your new switchblade. Or the po-po find a loaded glock in your trunk during a traffic stop. Under NY Penal law § 265.01, both scenarios could mean catching a criminal possession of a weapon in the fourth degree charge. Like I said, they aren’t playing around.

This statute makes it a Class A misdemeanor to possess any firearm, electronic dart gun, gravity knife, switchblade, pilum ballistic knife, metal knuckle knife, cane sword, billy club, blackjack, plastic knuckles, or metal knuckles. Simple possession with no criminal intent is enough. Just having one on you, even if unused, meets the bar for prosecution.

Now a Class A misdemeanor don’t sound so bad right? Maybe plead down to a Violation after paying a fine? Wrong. New York mandatory minimums turn a misdemeanor weapon charge into a 1 to 3 year sentence upstate, even for first-time offenders. My lawyer Todd Spodek sees prosecutors pursuing this on the daily, no hesitation.

They justify dropping the hammer by claiming illegal weapons promote violence. And it’s true, we see too many senseless deaths from beefs turning bloody before homies can cool off and talk it out. Can’t deny something needs fixing.

But excessive sentencing and targeting everyday carriers just perpetuates institutional oppression. Some dude walking home at night wants a knife in case of muggers. Another person keeps a piece in the glove to protect their family on late night drives through dark areas. These people ain’t violent offenders, but the system labels them as criminals for life over some questionable statutes. It ain’t right.

Fighting Unjust Weapon Laws Tooth and Nail

Because of the steep sentences even for misdemeanor possession, you need lawyers brave enough to fight questionable weapon laws tooth and nail. The Spodek crew understands handing out lengthy mandatory minimums for carrying everyday tools like pocket knives does more harm than good. Their experience mounting constitutional challenges makes me confident they’ve got the skills to beat a wrongful weapon charge.

See, the government can’t just pass arbitrary laws and expect citizens to accept punishment without protest. Both federal and New York State constitutions protect individuals from overzealous laws that infringe on personal liberties. Mr. Spodek knows the Fourth, Fifth, and Fourteenth Amendment provisions that defend against unreasonable search and seizure, self-incrimination, and due process violations.

For starters, he’ll argue fishing expeditions that turn up contraband weapons during unwarranted searches should lead to exclusion. If NYPD or state police violate constitutional rights, any evidence found gets thrown out. Why reward illegal behavior under the guise of public safety? That’s straight up tyranny.

Next, Spodek Law Group won’t hesitate to challenge excessively strict weapon statutes as unconstitutional. Sure, laws should curb violence, but vague definitions like “gravity knife” go too far. When any pocket tool can be considered a weapon, it turns law-abiding citizens into criminals. Not to mention mandatory sentencing guidelines tied to these dubious definitions.

Finally, count on Mr. Spodek and team to expose the undue prejudice folks from certain neighborhoods and backgrounds face during weapon possession prosecutions. Let’s be real – affluent businessmen who collect vintage firearms don’t get treated like streetwise teens carrying hand-me-down blades for protection. True justice requires calling out systemic biases.

With his familiarity arguing Fourth, Fifth, and Fourteenth Amendment issues, Todd Spodek consistently secures dismissals or acquittals in § 265.01 cases where less experienced lawyers falls short. Dude knows when to take prosecutorial overreach to task. If you got nabbed carrying something questionable, seek out Spodek Law Group to aggressively defend your freedoms when you need it most.

Protect Your Rights, Protect Your Freedom

Look homies, the reality is New York’s weapon laws remain crazy strict, even with some recent reforms. If you carry an unlicensed piece, odds are the justice system will make an example out of you unless experienced NYC defense attorneys intervene. Don’t leave your fate to chance.

When faced with criminal charges that threaten your livelihood and reputation, call in the elite Spodek Law Group to aggressively fight back. Their defense crew’s sharp legal minds, courtroom skills, and dedication to justice makes them my only choice when liberty is on the line. Don’t become another statistic thanks to dubious statutes and excessive sentencing. Stay free and keep grinding. For real, for real.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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