Weapon charges and other Criminal Offenses
Guns aren’t the only weapon that can land you in jail. New York has very nuanced designations for weapon charges, and many carry more severe penalties than those of other states.
Criminal possession of a weapon:
- 1st Degree: Possession of exceedingly dangerous weaponry including 10+ firearms, effectively being an illegal arms dealer, or owning an explosive device with the intent to use, often resulting in a terrorist designation.
- 2nd Degree: Possession of a loaded gun. Commonly this is charged in cases wherein there is intent to use the firearm to harm another. Additionally, carrying a loaded firearm outside of your home or business without the proper permit is grounds for a 2nd-degree charge. The gun does not need to be loaded. In New York if the firearm and bullets are within close proximity, and thus are able to be loaded at will, this can validate a charge.
- 3rd Degree: This charge is given as a “bump up” charge. Those who are being served with a 4th-degree possession charge can be upgraded should they possess a prior misdemeanor or felony conviction, even if that conviction is unrelated to weapons/firearms possession. Additionally, this charge can occur for those in possession of a firearm with a filed or destroyed serial number.
- 4th Degree: Possession of weaponry. While this commonly includes firearms, the charge also includes knives (gravity, switchblade, etc), electronic stun guns or dart guns, swords, plastic or metal knuckles, slingshots, shuriken, and more.
There is also the possibility of juvenile weaponry charges, wherein unlawful possession of a weapon by those under the age of 16 or within school grounds can land your child the title of juvenile delinquent or offender.
With the strict laws present in New York, maintaining a strong defense is key. If you do not accept the plea offer provided for you during your case, which requires jail time, you need to prepare your defense. By choosing Flowers Law Group you guarantee the most experienced representation for your case. Contact our lawyers today for more information or to schedule a consultation.