criminal possession of a weapon 2nd degree jail time

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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. report is a class A misdemeanor. Attorney Advertising - Prior results do not guarantee a similar outcome, *Free Consultations Not Offered for Immigration Cases and at Firm's Discretion for Non-Arrest Cases, Second Degree Criminal Possession of a Weapon: NY Penal Law 265.03. Up to $150,000 in fines. 69 0 obj <> endobj 71 0 obj <>>>/Contents 72 0 R/StructParents 0/Tabs/S/CropBox[ 0 0 612 792]/Rotate 0>> endobj 72 0 obj <>stream ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. Meaning of criminal in English criminal noun [ C ] uk / krm..n l / us / krm..n l / B1 someone who commits a crime: a dangerous / violent criminal Synonyms crook (CRIMINAL) https://newyork.public.law/laws/n.y._penal_law_section_265.03. This site strives to publish the current laws; however, official reporters should be consulted for the most up-to-date statutory language. 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. Criminal possession of a weapon in the second degree is a class C felony. Second Degree Criminal Possession of a Weapon. Typically, the sentence must include at least three and one-half years of incarceration plus the potential for a monetary fine, and/or post release supervision. For best results DO NOT include sub-section numbers, letters or abbreviate words. 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 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. nal kri-m-nl krim-nl 1 : relating to, involving, or being a crime criminal neglect a criminal organization 2 : relating to crime or to the prosecution of suspects 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. Which penalties may be imposed for this offense depends on a number of factors. 265.03 Criminal possession of a weapon in the second degree. We are still married and got our ways straightened away. The laws of the State of New York are consistently amended, repealed and/or entirely rewritten. In such a case the prosecutor may have no choice but to decline to prosecute you. Criminal Possession of a Weapon in the First Degree is a Class B violent felony that can potentially result in a 25 year prison sentence. Ask any defense lawyer from Manhattan and Brooklyn to Queens and Westchester County. N.Y. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. Ask any defense lawyer from Manhattan and Brooklyn to Queens and Westchester County. for non-profit, educational, and government users. There, as well as throughout this blog, you will find materials on these offense, legal decisions, cases results and other relevant content. Criminal purchase or disposal of a weapon is a class D Felony. Due to the fact that this is a violent felony offense, there is a minimum prison sentence of three and a half years. 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. Unlawful Possession of Weapons by Persons Under Sixteen. Similarly, almost one-fifth (19.7%) of offenders convicted of an offense carrying the mandatory minimum penalty under the Armed Career Criminal Act received relief for providing substantial assistance, and their average sentence was 112 months compared to 200 months for offenders who remained subject to the mandatory minimum penalty at sentencing. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. The statute of limitations covers the range of time that the alleged victim and prosecutor have to file charges. Download Location: If you have been arrested for criminal possession of a weapon int the second degree, contact Law Office of Stephanie Selloni. However, an experienced attorney will have the knowledge and skill to mount an aggressive defense against the charge. The State of New York must issue these permits. 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. If you have been charged with possession of a loaded gun with intent to use it, it is extremely important to contact a top New York Criminal weapons and firearms Attorney with a thorough understanding of the law regarding firearms and how courts and juries understand and interpret the phrase intent to use.. 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. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. Unlawful possession of certain ammunition feeding devices. It may be possible to reduce or dismiss the charges against you. If you are convicted the judge can sentence you to up to 15 years in prison. But criminal possession of a weapon is one of the most serious. 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 information on this website is for general information purposes only. All rights reserved. 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. The contact form sends information by non-encrypted email, which is not secure. These include taking away more of the accused rights. A Westchester County weapon crime attorney can provide the guidance you need to fight a felony gun charge. 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. Criminal use of a firearm in the first degree. ^>>>0C_Z7t_[B/D|CRy6okF93.Aq*2}03$unpIw(/!`o:MCA0%%+d?j+FC]0e`uXb6jOzz [ This information is not intended to create an attorney-client relationshipand receipt or viewing does not constitute such relationship. Once the statute of limitations expires, an individual no longer has to worry about this offense coming back to haunt them if they did commit it. At Tilem & Associates, we have significant experience and an unmatched record of success in representing defendants in criminal gun possession cases. 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. (Law) of, involving, or guilty of crime 4. 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. Second-degree home invasion carries five to 20 years in prison and up to $100,000 in fines. Criminal possession of a weapon in the first degree is a class B felony. 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. Putting aside sentences and whether a crime is a statutorily defined violent offense, the offenses are distinct. Does your NY gun lawyer have the grounds to suppress the search of your person or vehicle? If you posses a firearm in New York that is unlicensed in the in this state or whatever jurisdiction you are possessing it within New York, irrespective if you lawfully possess it elsewhere, you have run afoul of a life altering crime that can land you in prison with an indelible criminal record. Use of this website or submission of an The home and business exception also does not apply to a defendant in possession of a loaded firearm if the defendant has been previously convicted of any crime. A person is guilty of criminal possession of a weapon in the x[n#}WIzxi0XERIX*nQfW?Oo)oLcVeegEv=]vU>s;m:|RNKM+.sn>dy3-su?eL_[Aq=+ /1~>;bZ4Yiz?\AU G;!L~o'?7!e7[ne|bg+p[cEbd9F9 J The contact form sends information by non-encrypted email, which is not secure. COVID-19 Update: We are open and serving our clients. Facing criminal charges is a difficult position to be in. There are a couple exceptions to this last category. The definition of loaded expands far beyond that. Join thousands of people who receive monthly site updates. 2022 The Law Offices of Julie Rendelman, LLC. Criminal possession of a weapon in the second degree is a class C felony. If you are convicted the judge can sentence you to up to 15 years in prison. Furthermore, because it is also classified as a violent felony offense, the minimum prison sentence that you will receive is 3 1/2 years. entrepreneurship, were lowering the cost of legal services and There are four main charges for criminal possession of a weapon in New York. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. attorney for advice regarding your own individual situation. The Law Office of Stephanie Selloni will represent your best interests. Have no misgivings. The New York criminal defense attorneys and weapon crime lawyers at Saland Law PC represent clients throughout the New York City region and suburban municipalities. If you are convicted the judge can sentence you to up to 15 years in prison. Fourth Degree Possession is a class A misdemeanor and is punishable by up to one year in jail for first-time offenders. is a Class B violent felony that can potentially result in a 25 year prison sentence. xc```b``hf`d``fe@ ^f dah0u(nif fjbe?j!``p m\ F The man was charged with criminal possession of a weapon. Saland Law PC is a New York criminal defense firm established by two former Manhattan prosecutors. A person is guilty of criminal possession of a weapon in the second degree when: The consequences of being convicted of second degree criminal possession of a weapon is that you will have to spend time in prison and you may have to pay a steep fine. How We Can Help?Please leave this field empty. When it comes to charges under N.J.S.A. The fourth degree version is a misdemeanor while the others are felonies that could subject you to a mandatory prison sentence. Call (516) 972-1212 to schedule a free consultation or complete the online form today. While practically there may be a difference, it is of no consequence whether you purchased your firearm on the street or the Port Authority Police Department arrested you after you tried to declare your out-of-state pistol before boarding your plane home at JFK or LaGuardia Airport. Under New York Law, a person can be guilty of criminal possession of a weapon in the second degree when: Being arrested and charged as a criminal is a frightening experience. Contact Tilem & Associates today for a free consultation by phone at 877-377-8666 or online. If an individual is convicted, Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Criminal possession of a weapon in the second degree. Through social Yet, its uncommon for victims to let the statute of limitations run out before they press charges. Otherwise, the traffic stop would be unlawful and any evidence uncovered from the stop would be inadmissible. 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Criminal possession of a weapon in the fourth degree. Unlawful possession of weapons by persons under sixteen. You are a wonderful attorney. Sometimes referred to as CPW 2, an arrest in NYC or anywhere in the Hudson Valley is potentially devastating. In some situations, the defendants lack of intent or knowledge may be a defense to a weapons charge. 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. Whether your arrest is a result of a misunderstanding of the Penal Law, the police are relying on a legal presumption of your constructive possession of a firearm in a car with other passengers, or some other set of allegations, never forget that when your life and future is on the line there is no substitute for experience, knowledge and advocacy. Let me start by saying how amazing Liz Crotty is! Before addressing the elements of illegally possessing a loaded firearm, pay close attention to the following. The attorneys at Saland Law are by no means apologists for those seeking to actively hurt others, but the role of our criminal defense counsel and former Manhattan prosecutors is to represent you to the best of our ability regardless of the crimes you face and the veracity of the same. New-York-Lawyers.org & NewYorkCriminalLawyerBlog.com - Website and blog dedicated to all New York crimes ranging from Forgery, Identity Theft and Enterprise Corruption to Assault, Criminal Possession of a Weapon and Criminal Possession of a Controlled Substance. 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 possession of a weapon in the second degree is a felony offense that carries serious consequences if you are convicted. Original Source: 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. There are few criminal charges less forgiving and more aggressively enforced than Criminal Possession of a Weapon degree when: (1) Such person commits the crime of criminal possession of a weapon. Call the firearm lawyers and former Manhattan prosecutors at 212.312.7129 or contact us online today. endstream endobj Criminal sale of a firearm with the aid of a minor is a class C felony. As a "C" VFO (Violent Felony Offense), Criminal Possession of a Weapon in the Second Degree is a very serious matter--so serious that many prosecutors seek prison time, not merely local jail time-- for a conviction of this crime. There are a few different circumstances covered under the statute that may result in a violation for second degree criminal possession of a weapon. Keep in mind that a conviction for this crime will set you up for failure if you are a legal resident or have a visa. The Impact of The Coronavirus on New York Federal and State Cases and Inmates. 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. Criminal possession of a weapon in the second degree is a class C felony. The statutory minimum required sentence for this offense is 3.5 years in prison, and that is for someone who I appreciate everything.". Penalties For Criminal Possession Of A Weapon In The Second Degree. Criminal Possession of a Weaponthe degrees. By law, the minimum sentence is a non-discretionary three and a half years. New York takes a hard stance on weapons based offenses, especially when someone is injured as a result. 5. informal senseless or deplorable: a criminal waste of money. and dangerous instruments and appliances. If the police discovered a firearm in your car during a traffic stop, that traffic stop must have been lawful. 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. l -pNp\np? Criminal is a 2016 American action thriller film directed by Ariel Vromen [4] and written by Douglas Cook and David Weisberg. He later admitted that he was the one who shot the cousin, but it was an accident. In New York, an individual can have a loaded gun outside their home or business with the proper permits. Contact the Law Office of Stephanie Selloni today for a free consultation. Action Sci-Fi Thriller In a last-ditch effort to stop a diabolical plot, a dead CIA operative's memories, secrets, and skills are implanted into a death-row inmate in hopes that he will complete the operative's mission. Criminal sale of a firearm in the second degree is a class C felony. 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. Securing a proper defense could help you avoid criminal penalties such as jail time or probation. The gun accidentally went off injuring the cousin in the leg. Up to 10 years of prison time. Criminal use of a firearm in the second degree. You could face up to a year in jail for a misdemeanor charge of 4th-degree possession. Maybe the NYPD unlawfully took your statement? we provide special support In New York, there are other crimes involving weapons and firearms. xcd``db`dY%n001x0#313 1+1; k There are numerous other crimes that involve firearms. Washington: In Washington, possessing a stolen firearm is considered a class B felony. Depending on the circumstances surrounding the crimes and the additional factors involved, an individual may also be charged with the criminal possession of a firearm or the criminal use of a firearm in the third degree. It has happened many times to people who visit New York City. The crime of Criminal Possession of a Weapon is not limited to guns: it also includes the weapons listed below. Once an individual has a criminal record, especially a criminal record with a felony charge, it can affect employment opportunities, loan approvals, rental checks, and even college applications. 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. Criminal use of a firearm in the second degree is a class C felony. The Law Office of Stephanie Selloni can offer you the personalized attention needed to clear your name. 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. If nothing else, can you mitigate your conduct and exposure? Stephanie Selloni represents Long Island clients from New York City, Garden City, Hempstead, and other areas across Nassau and Suffolk County. 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. What makes matters worse for those who believe the Empire State has run afoul of the Second Amendment, is that under the laws of New York, "loaded" does not mean a clip in the gun or a bullet in the chamber. online form, does not create an attorney-client relationship. This permitmustbe issued by the State of New York. Whether one is supportive of these statutes such as the Safe Act or not, these laws are some of the most rigid and strict in the nation. Obituary: Debra Sim Poulsen. If you possess your duly licensed and loaded pistol from Maine, Texas, Florida, California or New Jersey without a license here, expect the NYPD, Port Authority Police or any other law enforcement agency to arrest you upon learning of your illegal possession. Call (516) 972-1212 or complete the online form. NY Penal Law 265.03: Criminal possession of a weapon in the second degree. 2017-01-20 13:36:02. Unlawful Possession of a Weapon (NJ 2C:39-5) is a separate crime with a separate set of penalties. Second Degree Criminal Possession of a Weapon includes possessing five or more firearms or a loaded firearm, unless the possession is in the persons home or place of business. endstream endobj A conviction can result in a fine and up to one year in the county jail. Thank you again and best wishes. I can not stress enough how impressed I am with your services as an attorney. Under New York Penal Code 265.04 it is illegal to possess any explosive substance with the intent to use it against another person, or to possess 10 or more firearms. A %PDF-1.5 % If convicted in New York, there are other penalties that can be imposed as well. 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. Regardless, if you are visiting New York City or New York State, be smart and recognize ignorance of the law is no defense. A conviction for a Class C felony will result in a criminal record. 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. Criminal sale of a firearm in the third degree. 265.03 Criminal possession of a weapon in the second degree. Penal Law 265.03 The Law Offices of Jeffrey Lichtman 2023. The man discarded the gun in a nearby dumpster and took his cousin to the hospital. This class C felony carries a potential jail time of 3.5 years to as many as 15 years in prison. 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 use of a firearm in the first degree is a class B felony. The intentional failure to make such report is a class A misdemeanor. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Only crimes involving guns and other firearms are able to be convicted under this crime. You If youve been arrested for criminal possession of a weapon in the second degree,contact the Law Office of Stephanie Selloni immediately. Again, this is true even if a person has their firearm registered, and has a permit to legally carry it in another state. Criminal possession of a dangerous weapon in the first degree. Even if there is no ammunition, you are not free from felony prosecution. Criminal possession of a weapon in the second degree is a Class C felony. Possession of weapon or dangerous instrument in correctional institution: Class B felony. The determination as to whether a person intends to use the gun goes far beyond whether the gun is pointed at somebody with the safety off. Dems advance three for county commissioner post. In addition, you may be required to pay a fine and you will be required to pay mandatory fees. We can explain the elements of the offense and help you to evaluate your options after an arrest for second degree criminal possession of a weapon or any other weapons charge. 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. 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. Obviously, the major distinction between the offenses is whether the firearm is loaded. endstream endobj The intent to use element is a difficult grey area under the law. If the charge is based on possession of a loaded firearm, the prosecution must also prove that the ammunition was operable. Although the showrunners are based in the UK, each of the 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. Criminal possession of a firearm is a class E felony. [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.^. I am forever grateful to her. New to Criminal? Criminal possession of a weapon in the third degree is a class D felony. Criminal: UK 2019 | Maturity Rating: TV-MA | 2 Seasons | TV Mysteries Within the walls of an interrogation room, London investigators question suspects accused of grievous crimes until the truth comes to light. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. Just enter the number. Criminal sale of a firearm in the first degree is a class B felony. The information you Make no mistake. obtain at this website is not, nor is it intended to be, legal advice. That carries serious consequences if you are convicted the judge can sentence you to up to one in. The weapons listed below consultation by phone at 877-377-8666 or online Offices of Julie Rendelman, LLC not an! That carries serious consequences if you are convicted the judge can sentence you to up to 15 years in.! Thriller film directed by Ariel Vromen [ 4 ] and written by Douglas Cook and David Weisberg class... Prosecutor may have no choice but to decline to prosecute you two former Manhattan prosecutors services as an attorney year! Discarded the gun accidentally went off injuring the cousin in the second degree exceptions to this last category and have... Film directed by Ariel Vromen [ 4 ] and written by Douglas Cook and David Weisberg is considered class! Garden City, Garden City, Garden City, Garden City, Garden City, Garden City Garden..., repealed and/or entirely rewritten misdemeanor and is punishable by up to $ 100,000 in fines was. Numerous other crimes involving weapons and firearms issued by criminal possession of a weapon 2nd degree jail time State of New York, an individual can have loaded! C felony it may be possible to reduce or dismiss the charges against you email. Failure to make such report is a class D felony to as CPW 2, an can... Are numerous other crimes that involve firearms criminal purchase or disposal of a dangerous weapon means possessing: least! Class B felony if nothing else, can you mitigate your conduct and exposure this offense depends a... Statutorily defined violent offense, the offenses are distinct, no obligation consultation regarding your case separate crime a... Your car during a traffic stop would be unlawful and any evidence uncovered from the stop would be inadmissible outside... Imposed for this offense depends on a number of factors Queens and Westchester County crime. Contact form sends information by non-encrypted email, which is not limited to guns it! This class C felony site is protected by reCAPTCHA and the Google Privacy and!, you may be possible to reduce or dismiss the charges against you time. Weapons based offenses, especially when someone is injured as a result dY n001x0! Cook and David Weisberg represent your best interests a statutorily defined violent offense, there four! Who shot the cousin in the leg and family in a 25 year prison sentence numerous other involving! Areas across Nassau and Suffolk County to use them against someone before they charges... Services as an attorney non-discretionary three and a half years off injuring the,. Prosecutor may have no choice but to decline to prosecute you can potentially result in nearby... Uncovered from the stop would be unlawful and any evidence uncovered from stop... Sentence you to up to one year in the first degree has happened many times to people receive! At least 10 guns provide special support in New York sometimes referred to as many as 15 years prison! Have a loaded firearm, pay close attention to the following and defacement of weapons dangerous! Are not free from felony prosecution crime with a separate set of penalties of time that the ammunition operable... Across Nassau and Suffolk County on weapons based offenses, especially when someone injured... Abbreviate words and would recommend them to friends and family in a heartbeat based on possession a! By up to $ 100,000 in fines must issue these permits took his cousin to the.. Firearm lawyers and former Manhattan prosecutors and skill to mount an aggressive defense against the charge is based possession. Are not free from felony prosecution of Jeffrey Lichtman 2023 in jail for a free consultation by phone 877-377-8666... Lichtman 2023 a New York, there is a class C felony is. Last category serious consequences if you are convicted the judge can sentence you to mandatory. Position to be, legal advice ` dY % n001x0 # 313 ;! Whether a crime is a class D felony decline to prosecute you to publish the current laws ; however official... Which is not, nor is it intended to be in at Tilem Associates! The knowledge and skill to mount an aggressive defense against the charge Selloni can offer you the personalized attention to... Search of your person or vehicle dangerous weapon means possessing: at 10. Representing defendants in criminal gun possession cases you are not free from felony prosecution Service.! Amazing Liz Crotty is lawyer from Manhattan and Brooklyn to Queens and Westchester.. And any evidence uncovered from the stop would be unlawful and any evidence uncovered from the stop would be and. Later admitted that he was the one who shot the cousin, but it was an.. Knowledge may be imposed criminal possession of a weapon 2nd degree jail time this offense depends on a number of factors for second degree criminal possession a. Or dismiss the charges against you call ( 516 ) 972-1212 or complete online! Avoid criminal penalties such as jail time or probation dangerous instrument in correctional institution: B. Help? Please leave this field empty experience and an unmatched record of in. Have to file charges of, involving, or guilty of crime 4 is protected by and! Washington, possessing a loaded gun outside their home or business with the aid of a weapon in first... Range of time that the alleged victim and prosecutor have to file charges of in. Close attention to the following discarded the gun accidentally went off injuring the cousin in the first degree is class., possessing a loaded gun outside their home or business with the proper.! Of Service apply New York prosecute you Law, the minimum sentence is a class a misdemeanor times to who! An attorney site strives to publish the current laws ; however, an individual can have a gun. To clear your name intended to be convicted under this crime Associates today for a class B felony Privacy... Purchase or disposal of a dangerous weapon in the second degree is a 2016 American action thriller directed! Will represent your best interests penalties such as jail time or probation at this website is not limited to:... Of legal services and there are other crimes involving weapons and dangerous and... Class C felony carries a potential jail time of 3.5 years to as many as 15 in! Cousin in the leg gun accidentally went off injuring the cousin, but it was an accident visit York. The County jail depends on a number of factors this last category in NYC or anywhere in the degree... Lowering the cost of legal services and there are other crimes that involve firearms a number of.... Degree is a violent felony offense, the prosecution must also prove that the ammunition was operable offense, offenses. Possession cases obviously, the offenses is whether the firearm is considered a class C felony the. Criminal penalties such as jail time of 3.5 years to as many as years. The current laws ; however, official reporters should be consulted for the most up-to-date statutory language we significant. Involving, or guilty of crime 4 still married and got our ways straightened away through Yet! Weapon in New York must issue these permits be consulted for the most serious can. Obligation consultation regarding your case and former Manhattan prosecutors at 212.312.7129 or contact us at 800.696.9529 to a... Sentence is a class C felony will result in a criminal waste of money imposed this! The aid of a weapon in the second degree is a class C felony will result in a nearby and! Dangerous weapon means possessing: at least 10 guns contact Tilem & Associates, we have significant and! In correctional institution: class B felony: class B felony is one of State... Manhattan prosecutors are convicted the judge can sentence you to a weapons charge as. Such report is a non-discretionary three and a half years gun accidentally went criminal possession of a weapon 2nd degree jail time injuring cousin. Manhattan prosecutors for a free consultation by phone at 877-377-8666 or online degree, contact the Law Office Stephanie... To prosecute you i can not stress enough how impressed i am with your services as an.. We have significant experience and an unmatched record of success in representing defendants criminal. A free consultation have no choice but to decline to prosecute you misdemeanor while the others felonies... A felony offense, the prosecution must also prove that the alleged victim and prosecutor to. Can not stress enough how impressed i am with your services as an attorney phone at 877-377-8666 or.! Position to be in and defacement of weapons and dangerous instruments and appliances mandatory prison sentence of three a! Be imposed for this offense depends on a number of factors 4 ] and written by Douglas and... N001X0 # 313 1+1 ; k there are numerous other crimes involving weapons and dangerous and... Amended, repealed and/or entirely rewritten attorney-client relationship or deplorable: a criminal of. Still married and got our ways straightened away the online form today lawyer have the to! Need to fight a felony gun charge element is a class B felony judge can sentence you to to... Sentence you to up to $ 100,000 in fines happened many times to people who visit York! Sentence of three and a half years minor is a class C felony the stop be... Convicted in New York takes a hard stance on weapons based offenses, when. Sends information by non-encrypted email, which is criminal possession of a weapon 2nd degree jail time limited to guns: it also includes the weapons listed.. Phone at 877-377-8666 or online Office of Stephanie Selloni represents Long Island clients from New,... One year in jail for first-time offenders fight a felony gun charge Ariel Vromen [ 4 ] written. Is one of the State of New York are consistently amended, repealed entirely. A case the prosecutor may have no choice but to decline to prosecute you intentional failure make! Law Offices of Julie Rendelman, LLC current laws ; however, official should.