Understanding Four Degrees of Charges for Criminal Possession of a Weapon.

Being charged with Criminal Possession of a Weapon (CPW) in New York is a serious criminal offense that can result in felony convictions, prison time, and the loss of your rights. Whether you’re accused of possessing a firearm, knife, or other prohibited weapon, understanding the level of the charge and your legal options is critical to protecting your future.

If you are charged with criminal possession of a weapon, here are the four degrees that you could be charged with.

Criminal possession of a weapon in the fourth degree

https://www.nysenate.gov/legislation/laws/PEN/265.01

Criminal possession on a weapon in the fourth degree is a class A misdemeanor according to New York Penal Law section 265.01. You are guilty of this charge:

• If you possess any of the dangerous or deadly weapons such as a dagger or firearm (additional weapons listed here) that you intend to use unlawfully.
• If you possess a muzzle-loading gun and have been convicted of a felony or serious offense.
• If you are not a citizen of the United States and possess a dangerous or deadly weapon.
• If you knowingly possess a bullet containing an explosive substance that is designed to detonate on impact.
• If you are found to be no longer suitable to have a weapon and do not turn it over to authorities.
• If you possess armor-piercing rounds that you intend to use unlawfully.

If charged with criminal possession of a weapon in the fourth degree, you could face up to one year in jail, probation, and/or fines.

Criminal possession of a weapon in the third degree

https://www.nysenate.gov/legislation/laws/PEN/265.02

Criminal possession of a weapon in the third degree is a class D felony according to New York Penal code 265.02. You are guilty of this charge:

• If you commit a crime of criminal possession of a weapon in the fourth degree and you have been previously convicted of any crime.
• If you possess any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and is adaptable for that use.
• If you knowingly possess a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of a machine-gun, firearm, or shotgun.
• If you possess three or more firearms or possess a firearm and have previously been convicted of a felony or a class A misdemeanor within five years of the conviction and the possession did not take place in your home or place of business.
• If you knowingly possess a disguised gun, an assault weapon, or a large capacity ammunition feeding device.
• If you possess an unloaded firearm and you also commit a drug trafficking felony as part of the same crime
• If you possess an unloaded firearm and commit and violent felony offense as a part of the same crime.

If you are charged with criminal possession of a weapon in the third degree, you could face fines and up to seven years in prison with a minimum of two years as this crime is classified as a violent felony offense.

Criminal possession of a weapon in the second degree

https://www.nysenate.gov/legislation/laws/PEN/265.03

Criminal possession of a weapon in the second degree is a class C felony according to New York Penal code 265.03. You are guilty of this charge:

• If you possess a machine gun, loaded firearm, or a disguised gun with the intent of using the weapon against another person.
• If you possess five or more firearms
• If you possess any loaded firearm in a person’s home or business.

If you are charged with criminal possession of a weapon in the second degree, you could face fine and a minimum of 3.5 years in prison with a maximum of 15 years.

Criminal possession of a weapon in the first degree

https://www.nysenate.gov/legislation/laws/PEN/265.04

Criminal possession of a weapon in the first degree is a class B felony according to New York Penal code 265.04. You are guilty of this charge:

• If you possess any explosive substance with the intent of using it against another person or property.
• If you possess ten or more firearms.

If you are charged with criminal possession of a weapon in the first degree, you could face fine of $30,000 and a minimum of 5 years in prison with a maximum of 25 years. Additionally, you could lose the right to vote and possess firearms.

The criminal defense attorneys at LaMarche Safranko Law are well-versed in New York’s complex weapon laws and have successfully represented clients facing CPW charges in courts across the state.