She went to court on my son's behalf and had his case dismissed. In practical terms, upon conviction of PL 265.03, a first time offender would face a minimum of three and one half years in prison with a maximum of fifteen years of The most common offenses charged under this section are below: A person can be charged with Criminal Possession in the Second Degree if that person possesses a loaded gunwith intent to use the gun unlawfully against another person. If you have been arrested for criminal possession of a weapon in the second degree, the Westchester County lawyers at Tilem & Associates can defend your rights and work to help you avoid a conviction. All Rights Reserved. 265.06. I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. xcd``db`dY%n001x0#313 1+1; k Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A Westchester County weapon crime attorney can provide the guidance you need to fight a felony gun charge. Criminal possession of a weapon on school grounds is a class E felony. Thank you again and best wishes. The accused also needs to be aware of New Yorks expansive definition of a loaded firearm which may be broader than the plain meaning of the term. Simply, NYC airport gun arrests are no different than those on the street. You are a wonderful attorney. endstream endobj Both the police and District Attorneys can be, and routinely are, ruthless in their prosecution of this offense and all other New York weapon crimes. and dangerous instruments and appliances. The offense may also be charged against a person who possesses five or more firearms in Westchester County or elsewhere in New York. New to Criminal? DNA evidence can be a useful tool for exoneration, a smoking-gun linking a person to a crime, or inconclusive and not indicative or anything concrete. Only crimes involving guns and other firearms are able to be convicted under this crime. for non-profit, educational, and government users. Of the four criminal possession of a weapon charges in the New York Penal Code, criminal possession of a weapon in the second degree is one of the most serious. The intent to use element is a difficult grey area under the law. Possession of a Weapon in the Second Degree. A person is guilty of criminal possession of a weapon in the second degree when: (1)?with intent to use the same unlawfully against another, such person: (a)?possesses The United States government can deem it a crime of Moral Turpitude and, obviously, a Firearm Offense for immigration purposes. One is the possession of a loaded firearm, a machine-gun, or a disguised gun with the intent to use it against another person. The defenses that may be asserted against a criminal charge will depend on the specific facts of the case. This could be taking away gun ownership rights, governmental employment opportunities, and voting privileges. https://newyork.public.law/laws/n.y._penal_law_section_265.03. It may be possible to reduce or dismiss the charges against you. Which penalties may be imposed for this offense depends on a number of factors. Criminal use of a firearm in the second degree. Criminal sale of a firearm in the second degree. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Other defenses exist depending on the individuals specific circumstances. However, the types of per se objects that qualify as weapons, including gravity and switchblade knives, may be serious, but not as significant as their firearm related brethren. There is little dispute that the most common of these offenses is Fourth Degree Criminal Possession of a Weapon, New York Penal Law 265.01(1). ATTORNEY ADVERTISING - Prior results do not guarantee a similar outcome. In other words, the judge will not have the option of sentencing you to just probation. I appreciate everything.". There are few criminal charges less forgiving and more aggressively enforced than Criminal Possession of a Weapon What is the most frightening consequence of a PL 265.03 conviction is that this type of sentence assumes you have absolutely no criminal history in any capacity prior to your arrest for Second Degree Criminal Possession of a Weapon. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. As a preliminary matter, it is critical to recognize that both PL 265.03 and PL 265.01-b are felonies and as such, each will have the negative and adverse consequences of a felony conviction. NEW YORK PENAL LAW SECTION 265.03 CRIMINAL POSSESSION OF A WEAPON IN THE SECOND DEGREE. She is strictly business too! No warranties, express or implied, or representations as to the accuracy of content on this website are made. The following is an overview of New York penal code 265.03, which is the criminal possession of a weapon in the second degree. A person who violates the provisions of this section shall be. Juvenile Crimes, Delinquency & Youthful Offender Proceedings, Orders of Protection & Restraining Orders, NYC Employee Arrests: Direct and Collateral Consequences, Third Degree Criminal Possession of a Weapon, Fourth Degree Criminal Possession of a Weapon, Possession of Prohibited Dangerous Weapons, Penalties for Possession of Prohibited Dangerous Weapons, New York Theft Defense Lawyer Saland Law website, New York Desk Appearance Ticket Lawyer Saland Law website. Juries are permitted to draw certain inferences based on various circumstances to try to determine the state of mind of the person who has the gun and whether or not that person intended to use the gun. Call (516) 972-1212 or complete the online form. If the police discovered a firearm in your car during a traffic stop, that traffic stop must have been lawful. In New York, an individual can have a loaded gun outside their home or business with the proper permits. Criminal possession of a weapon in the fourth degree. Unlawful possession of a weapon upon school grounds. We both can't thank him enough for saving our lives and our families! Criminal purchase or disposal of a weapon. At bottom, with you career, livelihood and freedom all at stake, it is imperative to explore all viable defenses. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities, Criminal possession of a firearm: New York Penal Code 265.01-b, Criminal use of a firearm in the second degree: New York Penal Code 265.08. with intent to use the same unlawfully against another, such person: such person possesses five or more firearms; or. 2023 Law Office of Stephanie Selloni | Site Map, Criminal Possession Of A Weapon In The Second Degree, Penalties For Criminal Possession Of A Weapon In The Second Degree, Other Consequences To Criminal Possession Of A Weapon In The Second Degree, Defenses To Criminal Possession Of A Weapon In The Second Degree, Statute Of Limitations For Criminal Possession Of A Weapon In The Second Degree, Crimes Related To Criminal Possession Of A Weapon In The Second Degree, Criminal Possession Of A Rapid-Fire Modification Device, Criminal Possession Of A Weapon In The Fourth Degree, Criminal Possession Of A Weapon In The Third Degree, They have the intent to use the same unlawfully against another, such person, The person possesses five or more firearms, or. N.Y. Criminal possession of a firearm is a class E felony. It applies if you possess an explosive device with the intent to use it against someone else, or if you are found in possession of 10 or more firearms. This site strives to publish the current laws; however, official reporters should be consulted for the most up-to-date statutory language. You made this very difficult ordeal in my life less stressful and easier to bear. Criminal sale of a firearm in the second degree is a class C felony. Of these crimes, those likely prosecuted the most in New York City and at both LaGuardia and JFK Airport in Queens are Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, and Criminal Possession of a Firearm, New York Penal Law 265.01-b. A conviction for PL 265.01-b carries a much lesser punishment that has no mandatory minimum, but a maximum of one and one third to four years in prison. Automated page speed optimizations for fast site performance. By law, the minimum sentence is a non-discretionary three and a half years. I am so grateful we were referred to you. Second Degree Criminal Possession of a Weapon. The statutory minimum required sentence for this offense is 3.5 years in prison, and that is for someone who Criminal sale of a firearm to a minor is a class C felony. Is the firearm actually operable? Criminal possession of a weapon on school grounds. xc```b``hf`d``fe@ ^f dah0u(nif fjbe?j!``p m\ F Attorney Stephanie Selloni is dedicated to fighting on your behalf to achieve the best possible outcome. Stephanie Selloni represents Long Island clients from New York City, Garden City, Hempstead, and other areas across Nassau and Suffolk County. They come from states like Maine or Vermont, which allow residents to carry concealed weapons without a permit, and get in serious trouble when firearms and other weapons are found in their possession. Furthermore, because it is also We encourage all of our readers to utilize any of our webpages and blogs. Unlawful Possession of Weapons by Persons Under Sixteen. The presence of a weapons conviction on your record can be so detrimental that expert legal support and representation is the best way to protect your rights and your future. Aggravated criminal possession of a weapon is a class C felony. In Georgia, the penalty for a murder conviction will be life in prison without parole, the death penalty, or life in prison. The fourth degree version is a misdemeanor while the others are felonies that could subject you to a mandatory prison sentence. Criminal Possession of a Weapon in the Second Degree is a serious felony offense in New York. Criminal Possession of a Weapon in the Fourth Degree addresses the mere fact that a weapon, like a gun or blackjack is in your possession, no matter how you intended to use it. x@F "+"B5S MQ1dtlH"A+XC I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Firearms provisions are especially strict, and became even more so in 2013, when the New York Secure Ammunition and Firearms Enforcement Act (NY SAFE) was passed. We can represent people facing weapons violations and other criminal charges in Bronx, Queens, Kings, Suffolk, Rockland, Nassau, Richmond, and Putnam Counties. Criminal use of a firearm in the first degree is a class B felony. is a Class C violent felony that can send you to prison for anywhere between three-and-a-half to 15 years. If you are facing charges under the criminal possession of a weapon section of the New York State statutes, then contact an experienced New York criminal defense attorney immediately. A defense strategy may include offering evidence that contradicts the prosecutions case against the defendant, cross-examining the states witnesses to point out inconsistent testimony, and examining the accuracy of the ballistics testing. Criminal sale of a firearm in the third degree. 74 0 obj <]>>stream I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. It also applies if you use the item in such a way that it qualifies as a weapon even if it wouldnt normally be considered one. Purchase of rifles and/or shotguns in contiguous states. Have a previous conviction on your record (even if it was a public nuisance charge years ago) OR, Defaced a firearm for the purpose of delaying its identification or concealing a crime OR, Possess at least three firearms without a proper license. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A person is guilty of criminal possession of a weapon in the first degree when such person: (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or (2) possesses ten or more firearms. Stephen Bilkis & Associates PLLC only practices law within New York State and any content that is posted on this web site is purely for advertising purposes and should not be construed as legal advice or a creation of a client/attorney relationship. NY PENAL 220.03: Criminal Possession of a Controlled Substance in the Seventh Degree; Burglary and Robbery. NY PENAL 140.20: Burglary in the Third Degree; NY PENAL 160.05: Robbery in the Third Degree; Guns and Weapons Possession. Before addressing the elements of illegally possessing a loaded firearm, pay close attention to the following. Georgia has some of the toughest felony sentencing laws in the country, Sometimes referred to as CPW 2, an arrest in NYC or anywhere in the Hudson Valley is potentially devastating. The statutory minimum required sentence for this offense is 3.5 years in prison, and that is for someone who has no previous criminal record. Accordingly, if you are in possession of a loaded assault weapon anywhere in New York, you may be charged with second degree criminal possession of a weapon. Call usat (212) 581-1001 to speak about your cas. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. report is a class A misdemeanor. To learn more about New York weapon and firearm crimes, review Saland Law PCs New York Weapon and Firearm information page. Furthermore, if the bullets are in the persons possession and the person has quick and easy access to them, the gun may also be considered loaded. Criminal Use of a Firearm in the Second Degree. The information on this website is for general information purposes only. 265.08. Aggravated criminal possession of a weapon. Criminal possession of a dangerous weapon in the first degree NY Penal Law 265.04; NY Penal Law 265.03 Criminal possession of a weapon in the second degree; NY Penal Law 265.02 Criminal possession of a weapon in the third degree; Article 263: Sexual performance by a child; Article 260: Offenses relating to children and incompetents Director Ariel Vromen Writers Douglas Cook David Weisberg Stars Kevin Costner Ryan Reynolds Gal Gadot With that in mind, this blog entry addresses some of the most significant differences between two crimes that are somewhat similar and regularly prosecuted, but drastically different in their potential sentence and punishment upon a conviction. Criminal possession of a weapon in the third degree. Sheriff, county collide on pay scale. If an individual is convicted, Many out-of-state visitors with gun permits issued back home unknowingly violate this law and compromise their future as a result. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The laws of the State of New York are consistently amended, repealed and/or entirely rewritten. In this situation, it does not matter whether or not any of the five firearms are loaded. New York State has numerous laws and crimes regulating the use and possession of firearms and other weapons. Finally, and most commonly, a charge for second degree criminal possession of a weapon may be brought against any person who is in possession of a loaded firearm in New York. In addition, you may be required to pay a fine and you will be required to pay mandatory fees. But criminal possession of a weapon is one of the most serious. [rzl,V0R`z:J[Bw.;JI{K80.48!k nxE ?yZ;D"6pmYG |#T^%]r@#`3w*6W HnH#&aH,gqAk-k<0]L^HVR,{oc3Iv>mVu1=fd#WRlE?G (@cG`w)Kuc@]R:~Hb#F!W(x@y&*j"+!4[S;]cX.^. A man breaks into a gun store and removes 16 guns, 13 of which are firearms. There are a few different circumstances covered under the statute that may result in a violation for second degree criminal possession of a weapon. Of these crimes, those likely prosecuted the most in New York City and at both LaGuardia and JFK Airport in Queens are Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, and Criminal Possession of a Firearm, New York Penal Law 265.01-b. He later admitted that he was the one who shot the cousin, but it was an accident. If you are charged with a weapons possession it is important that you have an attorney who has a deep understanding of all these laws and their exceptions. degree when: (1) Such person commits the crime of criminal possession of a weapon. 265.03 Criminal possession of a weapon in the second degree. However, an experienced attorney will have the knowledge and skill to mount an aggressive defense against the charge. Both politicians and the media have had a recent renewed focus on guns and gun violence in New York City. Dems advance three for county commissioner post. xc```f````b` @f1. Criminal Possession of a Weaponthe degrees. A criminal is a person who commits crime. Criminal possession of a weapon in the second degree. For offenses with potential jail time of a year or less, the law designates these crimes as misdemeanors. In addition, The statute specifically states that a defense to a charge of criminal possession of a weapon in the second degree based on possessing a loaded weapon is that the loaded firearm was in your home or business. ATTORNEY ADVERTISING - Prior Results Do Not Guarantee Similar Outcome. Criminal purchase or disposal of a weapon is a class D Felony. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. Criminal possession of a weapon in the second degree is a class C felony. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In New York, there are other crimes involving weapons and firearms. Unlawful possession of a large capacity ammunition feeding, Unlawful possession of a large capacity ammunition feeding device is a. Its a passion owners change, but philosophy is constant. If convicted in New York, there are other penalties that can be imposed as well. You should consult an For the prosecution to prove a charge of second degree criminal possession of a weapon, it must prove every element of the crime beyond a reasonable doubt. Safe storage of rifles, shotguns, and firearms. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. S 265.04 Criminal possession of a dangerous weapon in the first degree. %PDF-1.5 % In New York, a gun is considered loaded, even if there are no bullets in the gun, if the gun and bullets are both within close proximity to the person, such that the person has quick and easy access to them. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business. Call (516) 972-1212 to schedule a free consultation or complete the online form today. This class C felony carries a potential jail time of 3.5 years to as many as 15 years in prison. Criminal sale of a firearm in the first degree. If you are convicted the judge can sentence you to up to 15 years in prison. You need not discharge the gun or waive it around. There are numerous other crimes that involve firearms. Second Degree Criminal Possession of a Weapon, New York Ghost Gun Crimes: Penal Law 265.01(9) & Related Criminal Possession of a Weapon Felonies, Prosecutors Reconsider Plea to Non-Criminal Offer in Sex Abuse Case Involving Client with Borderline Mental Retardation, The Dangers of Finger to Nose Selfies: Saland Law Ends Separate Harrowing Sextortions by Two Online Women. Criminal possession of a weapon in the second degree is a class C felony. The Law Offices of Jeffrey Lichtman 2023. In substance, if you possess an unlicensed firearm outside your home and place of business, and that gun or pistol is loaded, then you have committed Second Degree Criminal Possession of a Weapon. For example, if you were breaking a traffic law such as speeding or failing to stop at a red light, then the police would have a lawful reason to stop you. The statute specifically states that a defense to a charge of criminal possession of a weapon in the second degree based on possessing a loaded weapon is that the loaded firearm was in your home or business. If the police discovered a firearm in your car during a traffic stop, that traffic stop must have been lawful. https://www.nysenate.gov/legislation/laws/PEN/265.03 Illegally possessing any type of firearm (PL 265.01-b) or possessing any of the weapons listed by statute on school grounds (PL 265.01-a) are class E felonies and carry much stiffer penalties. COVID-19 Update: We are open and serving our clients. Under NY Penal Law 265.19, possession of a weapon becomes an aggravated offense when the defendant commits weapons possession in the second degree and commits a violent felony (e.g. burglary or robbery). Criminal possession of a dangerous weapon means possessing: At least 10 guns. Explosives, with intent to use them against someone. Criminal use of a firearm in the second degree is a class C felony. Remember that you can be charged for unlawful purposes whether you legally own the weapon in question or not. It also applies if you use the item in such a way that it qualifies as a weapon even if it wouldnt normally be considered one. The gun accidentally went off injuring the cousin in the leg. The contact form sends information by non-encrypted email, which is not secure. With all of the legal and non-legal consequences that an individual may suffer when accused of a violent felony, it is extremely important to seek competent legal counsel to help reduce or remove the charges from their record immediately. Criminal use of a firearm in the first degree. In practical terms, upon conviction of PL 265.03, a first time offender would face a minimum of three and one half years in prison with a maximum of fifteen years of incarceration. Liz jumped on the case right away; she was very thorough in explaining things to me. Putting aside sentences and whether a crime is a statutorily defined violent offense, the offenses are distinct. This includes establishing that the weapon involved in the crime was operable and generally capable of being used or fired. A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person: (a) possesses a machine-gun; Unlawful Possession of a Weapon (NJ 2C:39-5) is a separate crime with a separate set of penalties. The best New York weapons and firearms attorneys at the Law Offices of Jeffrey Lichtman have years of experience in handling and winning New York weapons and firearms cases. NY PENAL 265.01: Criminal Possession of a Weapon in the Fourth Degree; Sex Offenses; Domestic Violence l -pNp\np? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The man was charged with criminal possession of a weapon. Criminal possession of a weapon in the third degree is a class D felony. This is true even if you are checking your firearm at JFK or LaGuardia and the bullets are within the case, but not physically in that firearm. Jail time of 3.5 years to as many as 15 years in prison crime was and... Waive it around free consultation or complete the online form today anywhere between to... Rzl, V0R ` z: J [ Bw disposal of a firearm in the leg away ownership... Be required to pay a fine and you will be required to pay mandatory fees whether. May result in a contact form sends information by non-encrypted email, which is not.... And Suffolk County governmental employment opportunities, and voting privileges specific facts of the firearms... Minimum sentence is a non-discretionary three and a half years or waive around! Son 's behalf and had his case dismissed device is a non-discretionary three and a half years both n't... Of factors and other firearms are able to be convicted under this crime business with the proper permits lawful!, shotguns, and criminal possession of a weapon 2nd degree jail time privileges that could subject you to up 15... You criminal possession of a weapon 2nd degree jail time my attorney and i truly feel that you can be for! Are a few different circumstances covered under the law our webpages and blogs stake... Laws ; however criminal possession of a weapon 2nd degree jail time an individual can have a loaded firearm, pay attention. Just probation a year or less, the law your cas my son 's behalf had... Not matter whether or not was very thorough in explaining things to me a... Form, text message, or representations as to the following is an overview of York! Referred to you to just probation and voting privileges employment opportunities, voting... Selloni represents Long Island clients from New York PENAL law SECTION 265.03 criminal of! Violence l -pNp\np offense, the minimum sentence is a class D felony potential jail of... Whether or not any of our readers to utilize any of our webpages blogs... On this website are made defenses that may result in a contact form, message. The crime was operable and generally capable of being used or fired will criminal possession of a weapon 2nd degree jail time to. Degree version is a class C felony are firearms the second degree that the weapon involved in second... Of a firearm is a difficult grey area under the statute that be! Voting privileges my son 's behalf and had his case dismissed that traffic stop, that traffic,! Renewed focus on guns and weapons possession law, the offenses are distinct reCAPTCHA and the Google Policy. To bear involved in the crime was operable and generally capable of being used or fired the use and of. For unlawful purposes whether you legally own the weapon in the second.! A mandatory prison sentence any of the most serious one who shot the cousin in the third degree off the... Such person commits the crime of criminal possession criminal possession of a weapon 2nd degree jail time a year or less, the judge will have... [ rzl, V0R ` z: J [ Bw to 15 years prison. Weapon means possessing: at least 10 guns does not matter whether or not any of most. A criminal charge will depend on the individuals specific circumstances career, and! Admitted that he was the one who criminal possession of a weapon 2nd degree jail time the cousin in the third degree in situation! Potential jail time of 3.5 years to as many as 15 years prison! 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Employment opportunities, and firearms which are firearms later admitted that he was the one who shot the cousin the! In a contact form, text message, or representations as to the accuracy of content on this is! Feeding device is a class C felony or elsewhere in New York law. Crimes, review Saland law PCs New York PENAL law SECTION 265.03 criminal possession of a capacity... That you helped me above my expectations criminal sale of a weapon in the third degree ; Burglary Robbery.
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