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Weapons Possession Lawyer NYC – Weapons Possession Charges New York


Weapons Possession laws in New York. Do you know that the
most common arrest for weapons possession in New York involves knives
and guns? Prosecutors take weapon charges extremely seriously and many firearm
crimes are punished by a mandatory minimum prison term criminal possession
of a weapon in the 4th degree is the only misdemeanor weapons crime in New
York it is commonly charged with per se
weapons or any weapon with intent to use it unlawfully against another person per
se weapons include firearms stun guns gravity knives switch blades
Blackjacks knuckles and kungfu stars to name only a few a controversial per se
weapon is known as a gravity knife which is open and locked into place by
flicking one’s wrists because it is sold in many stores the misdemeanor weapons
possession crime also covers possession of any weapon with the intent to use it
unlawfully against another for example a section of lead pipe or a frying pan
while not per se weapons could be used unlawfully by hitting another person
with them this crime is often charged in association with others like assault or
menacing as a Class A misdemeanor criminal possession of a weapon in the
fourth degree is punished by up to one year in jail but based on a first or
second arrest it is possible to convince a prosecutor to offer an adjournment in
contemplation of dismissal known as an ACD which is dismissed and sealed in six
months or disorderly conduct which is a violation and not a crime and eventually
seals a prosecutor may also require a person to complete community service or
stay out of trouble for a period of time criminal possession of a weapon in the
third degree which has nearly one dozen provisions is either a class D felony or
a violent felony requiring a mandatory minimum prison sentence one provision is
a bump up offense if a person has a criminal conviction in New York or any
other state and is charged with weapons possession in the fourth degree then the
misdemeanor becomes a felony even for possession of a gravity knife
in addition the third-degree crime is charged if a person possesses an
explosive a firearm silencer three or more firearms or a firearm that deface
to conceal its identity in 2013 as part of weapons laws revisions the mere
possession of an unloaded firearm was increased from a misdemeanor to a felony
called criminal possession of a firearm which is a Class E felony possession of
a loaded firearm is punished far more harshly criminal possession of a weapon
in the second degree is commonly charged for a loaded firearm outside of one’s
home or place of business the crime is punished by a Class C violent felony
which requires a mandatory minimum of three and a half years in prison and a
maximum of 15 years the majority of weapons arrests follow a search of a
person car or home that means that police must have at least a degree of
belief called reasonable suspicion that a person has or is about to commit a
crime with a weapon when searches are involved a person who is charged with
the crime is entitled to a hearing prior to trial determine if the search was
constitutional under the specific facts if a judge finds that there was not at
least reasonable suspicion or some exception to the warrant requirement
than it is possible that the weapon could be suppressed and the related
charges dismissed whether evidence like a weapon is suppressed by a judge
following a hearing depends on the specific facts of a situation virtually
every weapons possession case is different. As a former prosecutor and current criminal defense attorney in New York,
Andrew Stengel has handled hundreds of weapons cases. Visit the website of Andrew M.
Stengel for more information: stengellaw.com. Or send an email to [email protected] Attorney advertising. Prior results do not guarantee a similar outcome.

13 thoughts on “Weapons Possession Lawyer NYC – Weapons Possession Charges New York

  1. Holy fucking shit… kong fu stars… it doesnt get more fucking profesional😂 oh and why the Fuck would you ban gravity knifes. they are NOT more dangerous than a kitchen knife, and tbh i would rather use a kitchen knife if i would ever Commit to crime(wich i would never do) and last but not least 15 years for catching a person with a loaded firearm… i could rant on but this message is already too long

  2. at 4:10 …if you're walking down the street with a piece of aerial ordinance, something makes me think that getting charged with weapons possession is the least of that person's concerns.

  3. It is my understanding that a switchblade in the state of ny is not illegal as long as you have a valid hunting or fishing license. Could you confirm this 265.20 ?

  4. I dont live in the State of New York. but I do carry an Karambit every where I go. is it Illegal in the state of New York to carry an Karambit

  5. Never talk to terrorist pigs use the 5th amendment "I don't answer questions" and Maranda "i have the right to remain silent" period don't consent to illegal search under the 4th amendment and always video tape and stream to an offsite location for your protection

  6. Melee weapon bans and silencer ban are soooo stupid and ridiculous…. Criminals do not use all that switchblades, OTF's, balisongs, they use cheap kitchen knifes and screwdrivers, silencers are just making life of law abiding gun owners easier

  7. You can't carry guns nor knives in New York State. I suppose they expect us to defend ourselves against the increased gang activity with teddy bears.

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