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Manufacture, Sale or Possession of Dangerous Weapons

Manufacture, Sale or Possession of Dangerous Weapons

Weapons offenses are a very serious charge in the state of New York. An individual that is convicted of a weapons charge will face a felony conviction. A felony conviction will include a fine and a jail term plus problems later in life finding employment and housing.

If you are facing a weapons charge, it is imperative that you contact a knowledgeable attorney to be on your side. Our experienced attorneys will be able to help navigate the complexities of your case. No matter what the circumstances of your weapons charge, our attorneys will be able to help you create a successful defense to obtain a positive outcome for your case.

Criminal Possession of a Firearm
Criminal possession of a firearm is not divided up into degrees but just has one flat charge which is a Class E Felony.

A firearm can be defined as any of the following:
• pistol
• revolver
• shotgun (with one or more barrels under 18″ in length)
• any weapon made from an altered shotgun
• an assault weapon

An individual can be found guilty of criminal possession of a firearm if that individual:
• possesses the firearm
• legally possesses the firearm but does not register it

This charge is considered a Class E Felony and is punishable by up to four years in prison.

Criminal Use of a Firearm
Unlike possession of a firearm, criminal use of one does have a breakdown of degrees. A second degree charge is for an individual that has had a previous Class C violent felony offense plus either:
• possession of a loaded deadly weapon that can cause death
• presents what looks like a firearm

This charge is considered a Class C violent felony offense that is punishable by up to 15 years in prison.

A first degree charge is a Class B Felony with a maximum jail term of 25 years. The charge is considered first degree if the individual has had a previous Class B violent felony offense plus either:
• possession of a loaded deadly weapon that can cause death
• presents what looks like a firearm

Criminal Sale of a Firearm
This third degree charge consists of an individual that cannot legally possess a firearm plus either:
• gives, sells, or exchanges the firearm
• possession of the firearm and intends to sell it

This charge is a Class D violent felony offense and is punishable by up to seven years in jail.

This second degree charge is the same as the third degree but must include at least five firearms. It is a Class C violent felony that is punishable by up to 15 years in jail.

A first degree charge involves at least ten firearms and is a Class B violent felony offense with a maximum of 25 years in jail.

Criminal Possession of Weapons
A weapon can be any of the following:
• stun guns or dart guns
• various knives (including razors, daggers and switchblades)
• plastic or metal knuckles (also known as “brass” knuckles)
• bludgeons, blackjacks or billy clubs
• slingshots
• throwing stars

A fourth degree charge of criminal possession of weapons includes when an individual possesses any of the above weapons plus any of the following:
• possesses a dangerous or deadly weapon and intend to use it illegally against another
• possesses an unlicensed rifle or shotgun and resists turning over the weapon to the police
• possesses a bullet containing any explosive substance that will detonate on impact
• possesses armor-piercing rounds that are intended for unlawful use

This charge is considered a Class A Misdemeanor with a possible year in prison and a maximum fine of $1,000.

A third degree charge includes the offense in the fourth degree plus:
• the individual has been convicted of any crime in the past
• possession of three or more firearms
• possession of a firearm plus has committed a felony or Class A Misdemeanor in the past five years
• possession of a concealed gun
• possession of an assault weapon
• possession of an unloaded firearm plus commits a drug-trafficking offense
• possession of an unloaded firearm plus commits any violent felony offense

This charge is a Class D violent felony offense that is punishable by up to seven years in jail.

A second degree charge includes that the individual intended to the weapon illegally against another individual and is in possession of:
• a machine gun
• any loaded firearm
• a disguised gun
• 5 or more firearms

This is a Class C violent felony offense that is punishable by a maximum sentence of 15 years in jail.

A first degree charge is when an individual intend to use the weapon illegally against another individual and possesses: any explosive substance
• 10 or more firearms

This is a Class B violent felony offense that is punishable by up to 25 years in jail.

If you are facing a weapons charge, it is vital that you get experience attorneys on your side to help you navigate the court system. Our knowledgeable attorneys will craft a successful defense for you so that you have the most positive outcome for your case.

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