Criminal Possession Of A Weapon In The Fourth Degree
Criminal possession of a weapon in the fourth degree is one of the less serious weapons offenses. The statute bans the use or possession of certain weapons in New York state, while it also bans certain weapons if possessed with criminal intent.
The weapons that are considered banned and will land an individual in jail for even possessing no matter the intent are:
- Electronic stun guns
- Metal and Brass knuckles
- Chucka sticks
- Kung Fu Stars
If an individual owns any of the above weapons, they are automatically violating this law and may be subject to the penalties associated with this crime. Criminal possession of a weapon in the fourth degree also prevents someone from owning certain items with the criminal intent to use them as a weapon. This category is much larger and more difficult for a prosecutor to prove because the entire part of the crime hinges on if the individual had criminal intent while possessing the item that may be classified as a weapon. These may include:
- Kitchen knives
- Baseball bats
As it can be seen from the above list of items that may be considered a deadly weapon if used improperly, just about any object an individual may use during the commission of a crime could classify under this crime.
New York Criminal Possession Of A Weapon In The Fourth Degree Lawyer
If you have been arrested for criminal possession of a weapon in the fourth degree, you need a gun crime lawyer immediately. Weapon charges are serious and a conviction can lead to years in prison. Take action as soon as possible and contact Law Office of Stephanie Selloni. New York criminal defense lawyer Stephanie Selloni at Law Office of Stephanie Selloni can protect your rights and assist you in your case.
Law Office of Stephanie Selloni serves clients in Long Island, including Glen Cove, Westbury, Floral Park, Hempstead, and the surrounding areas in Nassau County. Call (516) 972-1212 to secure a free consultation with Law Office of Stephanie Selloni.
- Penalties For Criminal Possession Of A Weapon In The Fourth Degree
- Other Consequences To Criminal Possession Of A Weapon In The Fourth Degree
- Defenses To Criminal Possession Of A Weapon In The Fourth Degree
- Statute Of Limitations For Criminal Possession Of A Weapon In The Fourth Degree
- Crimes Similar To Criminal Possession Of A Weapon In The Fourth Degree
- Additional Resources
Criminal possession of a weapon in the fourth degree is a Class A misdemeanor. These offenses can come with a punishment of up to one year in either a city or county jail, as well as probation, community service, or other fines and charges. The judge can use their discretion to determine a combination of the penalties that will punish the accused for the crime they committed. Depending on all of the surrounding circumstances of this crime, as well as any other crimes this may be charged with, the judge may decide to be more lenient.
A conviction for a fourth-degree weapons charge may result in a criminal record. In addition, once an individual has a criminal record, it can affect employment opportunities, loan approvals, rental checks, college applications, and personal and professional relationships.
It is also important to consider the effects of a criminal conviction on immigration status. For example, a weapons offense may be deemed a crime involving moral turpitude, which may cause someone’s green card or student visa to be pulled. Additionally, depending on someone’s job and position, a conviction may limit the ability to renew a license or other certification someone may have to hold through the government or an organization.
With all of the legal and non-legal consequences that an individual may suffer when accused of a misdemeanor, it is extremely important to seek competent legal counsel to help reduce or remove the charges from their record immediately.
An experienced attorney will work to find defenses for the charges to reduce penalties and maybe avoid jail time. The best defense for a weapons crime is that the weapon or evidence of the crime was obtained illegally through an illegal search of the person or property. If we could prove the weapon was obtained illegally in a search, the prosecutor will most likely not have a case to continue to prosecute.
Other defenses an attorney may use include self-defense, lack of intent, protection of property, failure to prove there was a deadly weapon involved, and adequate provocation. With all of these defenses at their fingertips, a dedicated criminal defense attorney will analyze the facts of the case and help find the best defense for the specific situation.
The statute of limitations covers the range of time that the alleged victim and prosecutor have to file charges. The clock starts once the victim discovers the individual’s crime. 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. Yet, it’s uncommon for victims to let the statute of limitations run out before they press charges. For this offense, the state has two years to start the prosecution of the accused individual.
Since many crimes involve an individual using everyday items as weapons, this crime is commonly charged when an individual commits a crime and uses even a simple, everyday object to cause harm to another person. Depending on the surrounding circumstances, pairing a charge of fourth-degree criminal possession of a weapon can increase jail time substantially. That’s why an experienced attorney will work to get this charge dropped if someone is charged with other crimes in addition to this crime.
New York State Police – The New York State Police Department has a page of resources for individuals who want to learn about the safe use of guns and provides individuals with safe ways to dispose of weapons.
New York Penal Law – The New York State website provides this description of the legal definitions and elements of criminal possession of a weapon in the fourth degree.
Garden City Criminal Possession Of A Weapon In The Fourth Degree Attorney | Nassau County, NY
There are many different types of weapons charges in the state of New York, and you should take each one seriously. If you have been arrested for criminal possession of a weapon in the fourth degree, it is even more imperative that you seek legal representation. Defense lawyer Stephanie Selloni at Law Office of Stephanie Selloni has years of experience defending such cases in court.
Stephanie Selloni represents Long Island clients from New York City, Garden City, Hempstead, and other areas across Nassau and Suffolk County. Call (516) 972-1212 to secure a free consultation with Law Office of Stephanie Selloni immediately.