Fourth Degree Criminal Possession of a Weapon: NY Penal Law 265.01

by ECL Writer
Washington State New Gun Law

Fourth Degree Criminal Possession of a Weapon is a serious crime under New York law that can result in significant penalties, including fines and imprisonment. This offense involves the unlawful possession of a weapon, which can range from firearms and knives to certain types of ammunition and explosives. New York Penal Law 265.01 defines the Fourth Degree of Criminal Possession of a Weapon and outlines the circumstances under which a person can be charged with this offense. If you are facing charges for Fourth Degree Criminal Possession of a Weapon, it is important to understand the nature of the offense, the potential consequences, and the legal strategies that can be employed to defend against the charges. In this article, Eastcoastlaws.com will provide an overview of Fourth Degree Criminal Possession of a Weapon under New York law, including the elements of the offense, the potential penalties, and the defenses that may be available to you.

Regardless of the type of weapon used—a switchblade knife, gravity knife, metal knuckles, firearm, electric stun gun, or another dangerous instrument—the majority of the District Attorney’s Offices in the New York City area treat these crimes as some of the most serious misdemeanor offenses under the Penal Law. However, just because prosecutors are less lenient with people who have been detained and charged with possessing illegal weapons in accordance with New York Penal Law 265.01 does not mean that your attorney won’t be able to refute or mitigate the allegations, even if it was an error or an infraction brought on by a lack of knowledge of the law.

Whether you were given an NYC Desk Appearance Ticket to appear for your arraignment in Brooklyn Criminal Court or your case is currently pending in a Town or Justice Court in Westchester or Rockland County, you can potentially walk away from your unexpected nightmare relatively or completely unscathed with the best defense and legal counsel to implement the same.

Understanding And Elements Of Criminal Possession Of A Weapon In The Fourth Degree In New York

Fourth Degree Criminal Possession of a Weapon in general has two prevalent variants and is sometimes abbreviated as CPW 4. The first, known as “per se” infractions, occurs when you possess specific objects regardless of their intended use. This is a violation of Criminal Code 265.01(1). The mere possession of these things is considered unlawful under the law. The difference between the second infraction of this law, Criminal Code 265.01(2), and the first is how the instrument is used as a dangerous instrument, which determines the accusation. This is true even if the weapon is not something that one would typically classify or perceive to be a weapon.

Penalties For Criminal Possession Of A Weapon In The Fourth Degree In New York

Every section of CPW4 constitutes a class “A” misdemeanor. As a result, if found guilty, you may be sentenced to probation, community service, fines, and/or penalties in addition to a year in a county or city jail.

Defenses For Criminal Possession Of A WeaponIn The Fourth Degree In New York

Misdemeanor weapon crimes in New York City are subject to the same legal scrutiny as their felony counterparts. For instance, why did the cops stop you, frisk you and search you? Was it in your direct or constructive possession, i.e., on your person, in or close to you in a car, or in a place you could access? Furthermore, when they accused you of possessing the specific item, did the police or prosecutors rely on a legal presumption? The legal and evidential problems discussed with your attorney—which are by no means a comprehensive list—can determine whether you leave with a criminal record or none at all. Be neither careless nor naive; any arrest is serious, and Criminal Code 265.01 arrests are no different. Defend yourself. Safeguard your career. safeguard your future.

Difference Between Criminal Possession Of A Weapon In The Fourth Degree And Other Firearm Offenses In New York

In New York, there are several different firearm offenses that can result in criminal charges. One of these offenses is criminal possession of a weapon in the fourth degree. It is important to understand the differences between this offense and other firearm offenses in New York, as the severity of the offense will determine the potential penalties and legal strategies that can be employed to defend against the charges.

Criminal possession of a weapon in the fourth degree occurs when a person possesses a firearm or other dangerous weapon and does not have a valid permit or license to do so. This offense is a class A misdemeanor, punishable by up to one year in jail.

In contrast, criminal possession of a weapon in the third degree is a more serious offense that involves possessing a firearm and having been previously convicted of a felony or serious offense. This offense is a class D felony, punishable by up to seven years in prison.

Criminal possession of a weapon in the second degree is even more serious and involves possessing a loaded firearm with the intent to use it unlawfully against another person or possessing a loaded firearm with the intent to sell it. This offense is a class C felony, punishable by up to 15 years in prison.

Finally, criminal possession of a weapon in the first degree is the most serious firearm offense in New York. This offense involves possessing a dangerous weapon with the intent to use it unlawfully against another person or possessing multiple firearms and ammunition with the intent to sell them. This offense is a class B felony, punishable by up to 25 years in prison.

Criminal possession of a weapon in the fourth degree is the least serious firearm offense in New York, involving the simple possession of a firearm without a valid permit or license. The severity of the offense increases with the intent behind the possession and the defendant’s criminal history. It is important to seek legal representation if facing any firearm charges in New York.

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