Criminal Possession Of A Weapon In The Second Degree
There are four main charges for criminal possession of a weapon in New York. But criminal possession of a weapon is one of the most serious. Only crimes involving guns and other firearms are able to be convicted under this crime.
Under New York Law, a person can be guilty of criminal possession of a weapon in the second degree when:
- They have the intent to use the same unlawfully against another, such person
- Possesses a machine-gun
- Possesses a loaded firearm
- Possesses a disguised gun, or
- The person possesses five or more firearms, or
- They possess any loaded firearm
New York Criminal Possession Of A Weapon In The Second Degree Lawyer
Being arrested and charged as a criminal is a frightening experience. If you’ve been arrested for criminal possession of a weapon in the second degree, contact the Law Office of Stephanie Selloni immediately. Securing a proper defense could help you avoid criminal penalties such as jail time or probation. It may be possible to reduce or dismiss the charges against you.
Call (516) 972-1212 to schedule a free consultation or complete the online form today. The Law Office of Stephanie Selloni represents Long Island clients in Westbury, Riverhead, Central Islip, and other areas in Suffolk and Nassau County.
Information Center
- What About A Permit?
- What Is A Loaded Gun?
- 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
- Additional Resources
What About A Permit?
In New York, an individual can have a loaded gun outside their home or business with the proper permits. The State of New York must issue these permits. Therefore, if they have a license to carry a firearm in another state and they travel to New York with the weapon, they may be charged with the crime. If someone is considering bringing a weapon into New York, it is essential for them to consider all of their options and research the laws that may apply to them before they bring the weapon into the state.
What Is A Loaded Gun?
When it comes to determining what constitutes a loaded gun, it is not as cut and dry as many people may think it seems. For example, in New York, it has been determined that even if there are no bullets in the gun, but the bullets are in close proximity to the weapon, it may be considered loaded. Furthermore, if the bullets are in the person’s possession and the person has quick and easy access to them, the gun may also be considered loaded. Finally, even if the weapon is unloaded and on the right side of the body and there is a clip of bullets on the left side of the body, it could be considered loaded, and someone may be able to be convicted under the statute.
Penalties For Criminal Possession Of A Weapon In The Second Degree
Criminal possession of a weapon in the second degree is a Class C felony. If an individual is convicted, they may be sentenced to up to fifteen years in prison. Due to the fact that this is a violent felony offense, there is a minimum prison sentence of three and a half years. In these cases, the judge does not have the option to lower the punishment to just probation.
There may also be a fine imposed as well as mandatory fees involved.
Other Consequences To Criminal Possession Of A Weapon In The Second Degree
A conviction for a Class C felony will result in a criminal record. 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. Not only that, but a conviction can have tumultuous effects on someone’s personal and professional life and relationships.
If convicted in New York, there are other penalties that can be imposed as well. These include taking away more of the accused rights. This could be taking away gun ownership rights, governmental employment opportunities, and voting privileges. These rights are commonly taken away when accused of a felony.
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.
Defenses To Criminal Possession Of A Weapon In The Second Degree
A possible defense may exist if the accused person was in their home or place of business at the time of the alleged offense.
Also, if the weapon was discovered during an unlawful traffic stop or search (e.g., a search that occurred in violation of the individual’s fourth amendment rights), then the evidence of criminal possession generally can’t be used against the individual.
Other defenses exist depending on the individual’s specific circumstances.
Statute Of Limitations For Criminal Possession Of A Weapon In The Second Degree
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 five years to start the prosecution of the accused individual.
Crimes Related To Criminal Possession Of A Weapon In The Second Degree
In New York, there are other crimes involving weapons and firearms. 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.
Additional Resources
Division of Criminal Justice Services – This resource provides information for people in New York State about criminal records and how to search them.
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 second degree.
Garden City Criminal Possession Of A Weapon In The Second Degree Attorney | Nassau County, NY
If you have been arrested for criminal possession of a weapon int the second degree, contact Law Office of Stephanie Selloni. The Law Office of Stephanie Selloni can offer you the personalized attention needed to clear your name. Attorney Stephanie Selloni is dedicated to fighting on your behalf to achieve the best possible outcome. Contact the Law Office of Stephanie Selloni today for a free consultation.
Call (516) 972-1212 or complete the online form. Stephanie Selloni will review your case and can advise how to proceed. Facing criminal charges is a difficult position to be in. The Law Office of Stephanie Selloni will represent your best interests. Stephanie Selloni represents Long Island clients from New York City, Garden City, Hempstead, and other areas across Nassau and Suffolk County.