Criminal possession of a weapon is one of the most serious offences in New York. The state has very strict laws in regards to weapons possession. The New York Penal Code definition of “deadly weapon” includes “any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged.”
There are legal consequences for possessing a weapon illegally.
When do charges with criminal possession of a weapon arise?
Someone may face charges with criminal possession of a weapon for owning a weapon with an intent to use it unlawfully against someone or when an individual has a weapon without the appropriate permits and licenses. Additionally, owning an altered or defaced weapon to prevent tracing back to the owner carries a penalty, as does possessing an illegal weapon despite having a previous felony conviction.
The possession of a weapon turns into an aggravated offense when combined with a violent felony such as burglary or robbery.
What is the sentencing for weapon crimes in New York?
There are significant penalties for a conviction of criminal possession of a weapon in New York. An arrest for possessing a weapon risks a sentence of years in prison.
There are four degrees of illegal possession of a weapon.
Criminal possession of a weapon in the fourth degree is a Class A misdemeanor that applies to outlawed weapons. This carries a penalty of up to one year in jail.
Third-degree criminal possession of a weapon is a Class D felony and includes serious offenses such as the person possessing at least three weapons at the time of being charged or owning a defaced weapon to hide any identification. Sentencing for a Class D conviction ranges from two to seven years in prison.
When a person owns a weapon with an intent to use it unlawfully against another, a Class C felony, or second-degree criminal possession applies. This has a sentence range of three and a half years to a maximum of fifteen years in prison.
The most severe weapons charge in the state penalizes those who are caught with explosive devices and intend to use it. A sentence for this Class B, first-degree felony ranges from five to twenty-five years.