Criminal Possession Of A Weapon In The Third Degree
In New York, someone may be convicted of third-degree criminal weapons possession in a variety of ways. Under this statute, a weapon is a gun or other deadly instrument like a razor, blackjack, or switchblade knife. A person may be guilty of the crime of third-degree criminal weapon possession when:
- A person has been convicted of any crime in the past
- A person has a machine gun, silencer, or bomb
- A person knowingly has a firearm or machine gun which is modified so it can be concealed
- A person has three or more firearms
- A person has a firearm and has committed a felony or Class A misdemeanor within the last five years.
- A person has a disguised gun
- A person has an assault weapon
- A person has a large capacity ammunition feeding device
- A person has a firearm that is unloaded while committing a drug-trafficking offense, or
- A person has an unloaded firearm and commits any violent felony offense.
New York Criminal Possession of a Weapon in the Third Degree Attorney
If you’ve been charged with criminal possession of a weapon in the third degree, you could be sentenced to time in prison and be required to pay expensive fines. Fight back against the allegations with experienced legal representation from Law Office of Stephanie Selloni. Defense attorney Stephanie Selloni is an experienced New York weapon crime lawyer with the skills and resources needed to fight your charges. He can secure the best outcome possible in your case.
Law Office of Stephanie Selloni accepts firearm cases 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.
Information Center
- Penalties For Criminal Possession Of A Weapon In The Third Degree
- Other Consequences To Criminal Possession Of A Weapon In The Third Degree
- Defenses To Alleged Criminal Possession Of A Weapon In The Third Degree
- Statute Of Limitations For Criminal Possession Of A Weapon In The Third Degree
- Crimes Usually Charged With Third Degree Criminal Possession
- Additional Resources
Penalties For Criminal Possession Of A Weapon In The Third Degree
Criminal possession in the third degree is a Class D felony. If found guilty, the maximum possible sentence for an individual is seven years in prison. The crime of criminal possession in the third degree is considered a violent felony offense in the state of New York. Therefore, a judge cannot give a lower sentence than two years. However, the judge does have the discretion to give a more lenient prison sentence.
The judge may also impose an additional monetary fine. It is their discretion to impose a fine depending on the surrounding circumstances of the crime committed.
Other Consequences To Criminal Possession Of A Weapon In The Third Degree
In addition to the legal penalties, there are many times, other consequences that can be lifelong. For example, even a conviction for third-degree menacing will result in a criminal record. Once an individual has a criminal record can affect employment opportunities, loan approvals, rental checks, and even college applications. This doesn’t take into account the effects that a conviction can have 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. Usually, these rights are taken away when someone is accused of a felony. Even though menacing in the third degree is a misdemeanor, a person must be willing to be somewhat cooperative with law enforcement officers so that charges do not get added.
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.
Defenses To Alleged Criminal Possession Of A Weapon In The Third Degree
When an individual commits a crime, they can hire an attorney on their behalf to bring defenses against the prosecution to help lower their sentence or maybe even remove the conviction from their record. An experienced attorney will analyze the case and the surrounding facts to determine what defenses may be able to be brought to help the accused individual.
In New York, one of the main defenses we may be able to bring is the lack of probable cause. In order to perform a search of an individual’s person, property, car, or office, law enforcement officers must have a reasonable belief that a crime was committed. This is known as probable cause. If a law enforcement officer stops an individual and performs a search on their person or their property without probable cause, the entire stop and the evidence gathered may not be able to be brought into court as evidence.
Statute Of Limitations For Criminal Possession Of A Weapon In The Third Degree
All crimes in New York have a certain deadline by which they must be brought against the accused individual. This is known as the statute of limitations. If the prosecutor has not brought a charge within one year from the commission of a Class D felony, the prosecutor can no longer bring the claim at a later time. The one-year clock begins as soon as it is known the crime has been committed. If the accused individual has not been charged in the one-year timeframe, they can no longer be charged for the crime even if they committed it. It’s very uncommon for the statute of limitations to run out before they press charges.
Crimes Usually Charged With Third Degree Criminal Possession
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 second degree.
Additional Resources
New York State Gun Safety– This resource provides information on the safe use and storage of guns in New York State.
Project ChildSafe– Project ChildSafe is a program that encourages firearm owners to protect their weapons as well as promotes the safe and educated use of firearms for children through educational events.
Garden City Criminal Possession Of A Weapon In The Third Degree Attorney | Nassau County, NY
If you have been arrested for criminal possession of a weapon int the third degree, contact Law Office of Stephanie Selloni. Having a conviction on your record could seriously damage your career, reputation, and personal life. To avoid this and criminal charges such as steep fines or imprisonment, seek experienced legal guidance from Law Office of Stephanie Selloni. New York criminal defense attorney Stephanie Selloni has years of experience defending clients charged with complicated weapon / gun charges.
Law Office of Stephanie Selloni accepts cases in Nassau County, Suffolk County, Garden City, Floral Park, Hempstead, Mineola, and the surrounding area. Call (516) 972-1212 to secure an initial consultation with Law Office of Stephanie Selloni today.