BUFFALO GUN POSSESSION LAWYER
Weapons and firearms charges in New York can be classified in several different ways. However, one of the most serious offenses is criminal possession of a firearm. Weapons and firearms in New York fall under an area of law known as strict liability. This means that there are strict regulations that must be followed regarding them. Even if you have no prior criminal record, being charged and convicted of a weapons or firearms offense can cause you to face time in jail. If you're in possession of a loaded firearm, a misdemeanor charge could then be bumped up to a felony. Being found guilty of a weapons and firearms charge can mean more than potential incarceration. It can also mean that you're labeled as a felon. A criminal record can make it extremely difficult for you to get a job and can also limit the housing options that are available to you. It's important that you call a Buffalo weapon charges attorney who has experience and a proven track record of success in handling weapons and firearms charges, like Attorney Drew Fritsch. Our Buffalo weapon charges attorney offers free confidential consultations, and can help you prepare a strong legal defense and ensure your rights are protected.
CRIMINAL POSSESSION OF A WEAPON
Criminal possession of a weapon is a serious criminal allegation. Like other crimes, it is classified into degrees: first, second, third, and fourth. Additionally, there is a ‘pure' charge and a separate charge if you were in criminal possession of a weapon at the airport. With a pure charge, it means that you're only being charged with possession of a weapon. There will be no other charged associated with it. However, non-citizens also face more of a risk. If you're not a legal resident of the United States, you could be denied citizenship, deported, and your re-entry may also be denied. It doesn't necessarily matter if the charge for non-citizens was a misdemeanor or a felony. Understand that if you are not the lawful owner of a gun and if you do not have the proper license to carry a gun, you could be charged with criminal possession of a weapon in New York. If you're charged with criminal possession of a weapon, the consiquences can be severe. It is imperative that you consult with a dedicated Buffalo weapon charges attorney to protect your rights.
First Degree Criminal Possession of a Weapon
First degree criminal possession of a weapon is a class B violent felony. You could face up to 25 years in prison. This charge is generally levied if you were in possession of ten or more firearms or if you were in possession of any explosives with the intent to use it against a person or their property. N.Y. State Law § 265.01 – 265.04
Second Degree Criminal Possession of a Weapon
Second degree criminal possession of a weapon is a class C violent felony. You could receive a prison sentence of up to 15 years. This charge means you planned to use them in an unlawful manner against another person. You can also be charged with this offense if you are carrying a loaded firearm without the proper license. N.Y. State Law § 265.01 – 265.04
Third Degree Criminal Possession of a Weapon
Third degree criminal possession of a weapon is a class D violent felony. You could be sentenced up to seven years in prison. Elements for this charge include having a criminal history and originally being charged with fourth degree criminal possession of a weapon; in possession of three or more firearms, an assault weapon, a gun that is disguised, a large capacity ammunition feeder, an explosive, a bomb, a silencer, or a machine gun; or if you are in possession of a weapon outside of a home or a business and you have a prior conviction of a felony or a class A misdemeanor within the last five years. N.Y. State Law § 265.01 – 265.04
Fourth Degree Criminal Possession of a Weapon
Fourth degree criminal possession of a weapon is a class A misdemeanor. You could be sentenced to one year in jail. Elements of this crime include being in possession of a gun, electronic dart gun, stun gun, switchblade, sling shot, throwing star, or metal/brass knuckles; possession with intent to use a knife, razor, stiletto, fake gun, or other dangerous or deadly instrument; possession of a gun on school property; non-citizen in possession of a gun; you are not approved for ownership of a firearm and you refused to turn over the weapon to law enforcement; or if you possess any ammunition that can pierce armor. N.Y. State Law § 265.01 – 265.04
Criminal Possession of a Weapon at an Airport
Criminal possession of a weapon in an airport is a class E felony. If you are in possession of an unregistered firearm, you could be sentenced up to four years in prison even if you don't have a prior criminal record. N.Y. State Law § 265.01-b(1)
Criminal Use of a Firearm
Criminal use of a firearm is another weapons and firearms charge in New York that is charged either as first degree or second degree. First degree criminal use of a firearm is a class B violent felony. You could be sentenced up to 25 years in prison. This offense is classified as being is possession of a deadly weapon or displaying a pistol, rifle, shotgun, revolver, machine gun, or other firearm while in commission of a class B violent felony. N.Y. State Law § 265.08 – 256.09
Second degree criminal use of a firearm is a class C violent felony and can mean you spend up to 15 years in prison. To be charged with this crime, you must be committing a class C violent felony and be in possession of a deadly weapon or display a pistol, rifle, shotgun, revolver, machine gun, or other firearm.
CHARGED WITH POSSESSION OF A FIREARM OR HANDGUN?
If you were charged with a weapons and firearms charge like gun possession, you need the expertise of a qualified Buffalo weapon charges attorney. Drew Fritsch is experienced in handling these types of charges and can help you defend your rights. Your freedom and your future are on the line. Don't plead guilty until you speak to our law firm and know all of the consequences.