The New York criminal code defines a “body vest” as a form of soft body armor that can stop bullets from.38 caliber handguns. Wearing a body vest while committing a violent crime is against the law in New York. Wearing a body vest while committing a violent felony while in possession of a handgun is punishable under New York Penal Code 270.20 as unlawful body vest wearing.
First-degree kidnapping, second-degree kidnapping, manslaughter in the first degree, first-degree aggravated manslaughter, first-degree rape, first-degree criminal sexual act, first-degree aggravated sexual abuse, first-degree burglary, first-degree arson, and first-degree robbery are some examples of violent felonies.
Unlawful Wearing Of A Body Vest Sentence
Because wearing a body vest without authorization is a class E felony, a conviction might result in a sentence of up to 4 years in jail and a large fine. The judge may also order you to serve a five-year probationary period.
If you commit a violent offense while in possession of a weapon—but the weapon is not a firearm, rifle, or shotgun—you would not be in violation of the law for wearing a body vest without a permit. A body vest would also not be considered unlawfully worn if it was not intended to shield you from 158-grain lead bullets fired at a speed of 850 feet per second from a.38 calibre handgun, as specified by New York Penal Code 270.20.
New York Penal Code § 270.20: Unlawful Wearing Of A Body Vest
- A person is guilty of the unlawful wearing of a body vest when acting either alone or with one or more other persons he commits any violent felony offense defined in § 70.02 while possessing a firearm, rifle or shotgun and in the course of and in furtherance of such crime he wears a body vest.
- For the purposes of this section a “body vest” means a bullet-resistant soft body armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven layers of bullet-resistant material providing protection from three shots of one hundred fifty-eight grain lead ammunition fired from a .38 calibre handgun at a velocity of eight hundred fifty feet per second.
- Unlawful fleeing a police officer in a motor vehicle in the third degree: New York Penal Code § 270.25
- Unlawful fleeing a police officer in a motor vehicle in the second degree: New York Penal Code § 270.30
- Unlawful fleeing a police officer in a motor vehicle in the first degree: New York Penal Code § 270.35
Hiring A New York Lawyer For Unlawful Wearing Of A Body Cest Case
Hiring a New York lawyer for an unlawful wearing of a body vest case is crucial for a strong defense. In the Empire State, possessing body armor without proper authorization can lead to serious legal consequences. An experienced attorney will navigate the complex web of laws, ensuring your rights are protected throughout the legal process. They will assess the evidence, craft a compelling defense strategy, and advocate on your behalf in court. With their expertise, you stand a better chance of minimizing penalties or even having the charges dismissed. Don’t face such charges alone; enlist the help of a skilled attorney to safeguard your future.