Brooklyn Criminal Possession of a Weapon Attorney

Defense Lawyer in New York City for Clients Facing Weapons-Related Charges

While many states maintain very strict gun-control statutes, the laws that address such concerns in New York are among the strictest in the entire country. In New York City, there are even more restrictive weapons ordinances than in the rest of the state. A conviction on charges of criminal possession of a weapon carries severe criminal penalties, as well as other consequences that could follow you for the rest of your life.

If you have been charged with criminal possession of a weapon in or around New York City, you need an attorney who is familiar with the New York justice system and who is not afraid to stand up and fight for you. You need Attorney Gregory J. Watford. He and the rest of the team at The Law Firm of Gregory J. Watford, Esq., PLLC understand the stakes, and we know how to get results. With more than 25 years of experience in the practice of criminal law and an additional ten years in law enforcement, Mr. Watford is equipped to help you avoid a conviction and to stay out of jail, no matter how serious the charges against you might be.

Trusted Defense Counsel in The Bronx for Criminal Weapons Possession

In order to understand New York's laws regarding criminal possession of a weapon, you must first understand some important definitions. For example, New York law defines a "firearm" as any handgun, as well as a "sawed-off" or short-barreled rifle or shotgun. Rifles that mean the state's definition of "assault-style" are also considered firearms. If you wish to possess a firearm legally in New York, you must obtain a license from the state.

Standard-barreled rifles and shotguns, as well as those that not considered "assault-style," are classified as "long guns." State law does not require you to obtain a license to legally possess a long gun, but if you live in New York City, a license from the city is required. If you possess a firearm or a long gun without the appropriate license, you could face charges for criminal possession. Criminal possession charges are also possible for showing or using any type of dangerous weapon—even if the weapon is otherwise legal—in the commission of another crime such as robbery or assault.

Knowing the Law in New York State

Under Article 265 of the New York Penal Law, there are numerous degrees of criminal weapons possession, beginning with criminal possession of a weapon in the fourth degree. Fourth-degree criminal possession is a Class A misdemeanor, and it refers to possessing certain illegal weapons such as switchblades and brass knuckles, as well as possessing a knife or other legal weapon with intent to use the weapon unlawfully.

Criminal possession of a firearm and criminal possession of a weapon on school grounds, which includes firearms and long guns, are both Class E felonies. Criminal possession of a weapon in the third degree is a Class D felony, and it refers to the illegal possession of an automatic weapon (machine gun), assault-style weapon, a weapon that holds more than ten rounds, or the illegal possession of at least three firearms. Third-degree criminal possession charges are also possible for repeat fourth-degree offenders or possessing an unloaded firearm during the commission of a drug trafficking or violent felony. If the firearm is loaded during the commission of such a felony, the offense may be prosecuted as aggravated criminal possession of a weapon, which is a Class C felony.

Criminal possession of a weapon in the second degree is also a Class C felony. Second-degree criminal possession refers to the possession of a loaded firearm or automatic weapon with intent to use it against another. The illegal possession of at least five firearms and the possession of a loaded firearm while outside of a person's home or business is also second-degree criminal possession.

First-degree criminal possession of a weapon is a Class B felony, and it occurs when an individual illegally possesses at least ten firearms or possesses an explosive device or substance with intent to use against another unlawfully.

We Can Help

If you are facing charges for criminal possession of a weapon in or around New York City, contact our office to get the guidance you need. Call 646-580-6675 for a confidential consultation and case review at The Law Firm of Gregory J. Watford, Esq., PLLC today. We serve clients in New York County, Bronx County, Queens County, Kings County, Westchester County, Rockland County, Nassau County, and the surrounding areas.