New York PL 265.01(1) Non-Knife Offenses

by ECL Writer
What Is A Criminal Complaint?

Both New York weapon defense attorneys and prosecutors saw little difference between owning an unlawful knife and metal knuckles. These two firearms are illegal according to New York Penal Law 265.01(1). It doesn’t matter if you have that “weapon” for business or for self-defense—you might still get up to a year in jail for it.

Other than certain knives such as gravity knives, switchblade knives, pilum ballistic knives, and meal knuckle knives, the “per se” weapons that the NYPD will arrest you for if found in possession, as well as local and county police in Westchester, Rockland, Dutchess, and Putnam counties, include: electronic stun guns, any firearm (this may also be a felony), metal (including brass) knuckles, chukka sticks, kung fu stars, slingshots or slungshots, bullies, and blackjack.

NY PENAL LAW 265.01(1): A Routine Scenario That Leads To An Arrest In NYC

In the boroughs of Manhattan, Brooklyn, Queens, and the Bronx of New York City, one frequent instance observed by knowledgeable weapon crime attorneys is as follows:

You are moving around the subway. A bulge or clip has allegedly been seen in or close to your pocket by an undercover police officer or a uniformed member of the NYPD. The policeman approaches and takes away the “weapon.” As an alternative, the authorities may stop your car and search it before discovering this firearm. The police accuse you of possessing that weapon, sometimes constructively, whether or not it was on your person.

Last but not least, you are about to board your flight at LaGuardia or JFK and discover that you are carrying a “weapon” without realizing it. You are put under arrest by a Port Authority Police Officer and accused of violating New York Penal Law 265.01(1), Fourth Degree Criminal Possession of a Weapon. No of where you are detained or whether you are aware that the thing is a weapon, the police will ultimately either put you through the system or issue you an NYC Desk Appearance Ticket.

It is vitally important to understand that you don’t necessarily need to want or want to hurt someone else when possessing a weapon. The “A” misdemeanor of simple possession carries a maximum one-year prison sentence. Complicating matters, even if you had the firearm in your possession without realizing it was prohibited in New York, the prosecutor will typically recommend against charging you during your arraignment.

While that worry ought to make it abundantly clear, it’s crucial to identify and develop a defense with a knowledgeable New York City weapon lawyer. This is because you must not only be ready for your arraignment in terms of how you will contest the search or minimize your behavior.

NEW YORK PENAL LAW 265.01(1) – Defining And Identifying Certine “PER SE” Weapons

Chucka Stick: Also known as “nunchakus,” chucka sticks consist of two pieces of metal, wood or similar material connected in the middle by rope or a chain. Primarily used as a weapon, the chucka stick is held by one rigid end and can be swung or by both ends in a choking manner.

Electronic Stun Gun: Primarily used as a weapon, an electronic stun gun’s main purpose is to stun another person through an electric jolt.

Electronic Dart Gun: Similar to an electronic stun gun, the electronic dart gun stuns another person by an electric shock, but does so through some type of projectile.

Kung Fu Star: A throwing weapon that is circular or disc-like in shape and contains points.

No matter the alleged weapon, whether your arrest took place at a Queens airport or in front of Manhattan’s Empire State Building, and regardless of whether you were given an appearance ticket or taken to Central Booking, it is crucial that you hire the right lawyer to prevent the lasting stigma of a criminal conviction.

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