Misdemeanor Possession of a Weapon
Any weapon possession charge in New York needs to be taken seriously. While criminal possession of a weapon in the fourth degree is classified as a misdemeanor instead of a felony, an alleged offender should not assume that this means he or she will not face substantial consequences by pleading guilty or being convicted of this offense.
If you have been accused of criminal possession of a weapon in the fourth degree (also referred to as CPW 4), it is extremely important to immediately speak to an experienced criminal defense attorney. There may be any number of defense options available to you that can result in these charges being reduced or completely dismissed.
Nassau County Misdemeanor Possession of a Weapon Lawyer
Stephanie Selloni has lived in the New York area for more than a quarter-century, and she is licensed to practice in all state courts as well as federal U.S. District Courts for the Southern District and Eastern District of New York. She aggressively defends clients in Nassau County, Suffolk County, and all five boroughs of New York City against all sorts of weapons charges.
Law Office of Stephanie Selloni helps residents of Mineola, Freeport, Garden City, Long Island, Westbury, Hempstead, and Floral Park. You can have your case reviewed when you call (516) 972-1212 to schedule a free, confidential consultation.
New York Misdemeanor Possession of a Weapon Information Center
- What types of weapon possession constitute this offense?
- What are the possible punishments if a person is convicted?
- Does an alleged offender have any defenses against these charges?
Under New York Penal Law § 265.01, a person is guilty of criminal possession of a weapon in the fourth degree when:
- He or she possesses any of the following:
- Electronic Dart Gun
- Electronic Stun Gun
- Gravity Knife
- Switchblade Knife
- Pilum Ballistic Knife
- Metal Knuckle Knife
- Cane Sword
- Billy (more commonly known as a Billy Club)
- Plastic Knuckles
- Metal Knuckles
- Chuka Stick
- Sand Bag
- Wrist-Brace Type Slingshot or Slungshot
- Shuriken (referred to in New York Law as “Shirken”) or “Kung Fu Star”
- He or she possesses any of the following with the intent to unlawfully use against another party:
- Dangerous Knife
- Imitation Pistol
- Any other Dangerous or Deadly Instrument or Weapon
- He or she has been convicted of a felony or serious offense and possesses any of the following:
- Antique Firearm
- Black Powder Rifle
- Black Powder Shotgun
- Any Muzzle-Loading Firearm
- He or she possesses any dangerous or deadly weapon and is not a citizen of the United States
- He or she is a person who has been certified not suitable to possess a rifle or shotgun and refuses to yield possession of such rifle or shotgun upon the demand of a police officer
- He or she knowingly possesses a bullet containing an explosive substance designed to detonate upon impact
- He or she possesses any armor piercing ammunition with intent to use the same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a Class A Misdemeanor that can result in the following punishments:
- Up to one-year imprisonment
- Fine of up to $1,000
In certain cases, the court may sentence an alleged offender to three years of probation. Some of the other possible sentencing options for the court may involve:
- Community Service
- Driver’s License Suspension
- Mandatory State Surcharges
Every weapon possession case is different, and important details pertaining to the charges can be enormously critical to any alleged offender’s defense options. Some of the issues that are commonly used in defense against these accusations include, but are not limited to:
- Alleged offender was not in actual possession of weapon
- Item in question does not meet statutory definition of weapon
- Weapon discovered through illegal search
- Alleged weapon was not operable
- No intent to unlawfully use weapon
Even when the prosecutor has a very strong case, a skilled criminal defense attorney may still be able to negotiate an adjournment in contemplation of dismissal (ACD) in which a judge will typically adjourn the case for six months and it can be dismissed if the alleged offender does not violate any conditions of the ACD.
Find A Misdemeanor Possession of a Weapon in Long Island
While a misdemeanor weapon possession charge might not seem as serious as a felony offense, keep in mind that a conviction will go on your criminal record and cannot be expunged or sealed. Stephanie Selloni will fight to keep your record clean and achieve the most favorable outcome to your case.
Law Office of Stephanie Selloni represents clients all over Long Island as well as Suffolk County, Nassau County, and all five boroughs of New York City. You can receive a free consultation to discuss your case when you call (516) 972-1212 today.