NYC Criminal Possession of a Knife Defense Lawyer

Plenty of New Yorkers carry a folding knife or a box cutter every day without thinking of it as a weapon. In New York City, the knife’s blade length, how it opens, and whether an officer could see it may decide whether a stop ends in a summons or an arrest. Several types of knives are illegal to possess anywhere in the state and may lead to criminal charges.

Attorney Mehdi Essmidi was a prosecutor before he became a criminal defense lawyer, so he has seen how the prosecution decides what to charge in a knife case and when it will offer a way out short of trial. If you have been charged, contact us for a free consultation.

What Makes a Knife Illegal in New York City

2 sets of laws apply to a knife in New York City, and a single stop may bring charges under both.

• New York State’s Penal Law looks at what the knife is, and it makes some knives and weapons illegal to possess anywhere in the state. Possessing one is criminal possession of a weapon in the fourth degree under Penal Law § 265.01, a class A misdemeanor that carries up to 364 days in jail and a fine of up to $1,000. Other blades, like a dagger, dirk, stiletto, razor, machete, or dangerous knife, become a crime under the same statute only when the person carries one intending to use it unlawfully against someone else.
• The city’s Administrative Code looks at how the knife is carried. In the five boroughs, NYC Administrative Code § 10-133 makes it unlawful to carry a knife with a blade of 4 inches or more in a public place, street, or park, or to carry any knife in open view. A violation carries a fine of up to $300, up to 15 days in jail, or both. A knife that’s legal to carry upstate may still bring a summons in Manhattan.

A switchblade with its clip showing breaks the city rule because it’s visible and the state law because of what it is, so a stop that starts with a summons may end in a criminal possession charge.

Knives and Weapons Banned Under New York Penal Law

The Penal Law bans the following:

• Switchblade knives
• Metal knuckle knives
• Metal and plastic knuckles
• Kung Fu stars (shuriken)
• Cane swords
• Pilum ballistic knives
• Electronic dart guns and electronic stun guns
• Billy clubs, blackjacks, and bludgeons
• Chuka sticks
• Sandbags and sandclubs
• Wrist-brace type slingshots and slung shots

Gravity Knife

Since a 2019 change to New York law, simply possessing a gravity knife is no longer a crime. A gravity knife has a blade that is released from the handle and locks in place. In New York City, the blade has to be shorter than 4 inches and the knife has to stay out of view.

Criminal Possession of a Knife Aggravating Factors

Certain factors may make a fourth-degree weapons charge more serious:

• Prior criminal history: If a person has been convicted of any crime before, whether a misdemeanor or a felony, prosecutors may file a knife charge that would otherwise be a misdemeanor as criminal possession of a weapon in the third degree, a class D felony.
• Possession of a knife in the commission of another crime: Using a knife to injure someone may turn an assault charge into assault in the second degree, a class D felony. The law treats the knife as a dangerous instrument. Displaying one to put someone in fear may add a menacing charge, a class A misdemeanor.

Common Defenses for Criminal Possession Charges

• Self-defense: Carrying a knife for protection gives little cover under state law. When the knife is a dagger, dirk, stiletto, or dangerous knife, the defense has to overcome the legal presumption of unlawful intent with the facts of how and why the person carried the knife.
• Lack of intent to use the weapon unlawfully: For knives that are a crime only with intent, such as a dangerous knife, razor, or machete, the defense may show that the knife was a working tool and that nothing about how the person carried it points to a plan to use it against another person. However, intent is not an element in cases of knives on the banned list.
• Unlawful search that led to the knife’s discovery: If police found the knife during a search that violated the accused’s Fourth Amendment rights, such as a search without a valid warrant or probable cause, it may be possible to challenge the evidence.
• Lawful purpose for the knife: NYC Administrative Code § 10-133 exempts a knife from the city’s 4-inch and open-view rules when it’s being used for, or transported immediately to or from a place where it’s used for, hunting, fishing, camping, hiking, picnicking, or any employment, trade, or occupation customarily requiring it.

Contact Us for a Free Consultation

A knife conviction stays on your criminal record for at least 3 years before New York seals a misdemeanor, and in that time it may come up on a job application or screening. A dismissed case is sealed when it ends. If you’re facing NYC weapons possession charges, you need a criminal defense attorney.

Attorney Mehdi Essmidi defends people facing weapons possession charges in New York City. Don’t face this charge alone. Schedule a free consultation today.

Frequently Asked Questions

What knife can I carry in New York City?

In New York City, a legal knife has a blade shorter than 4 inches, stays out of view, and isn’t a type the Penal Law bans outright.

Can I get arrested if my knife’s pocket clip is showing?

Yes. NYC Administrative Code § 10-133 makes it unlawful to wear a knife outside your clothing or carry it in open view in a public place, street, or park unless you’re using it for a lawful purpose at that moment. If the knife turns out to be a switchblade or another banned type, a § 10-133 summons may become a criminal possession charge under Penal Law § 265.01.

Can I carry a pocket knife on the subway?

MTA rules bar weapons from every subway station and train, and the posted fine for carrying one is $100. An officer who finds a small folding knife during a stop or bag check may still test how it opens or ask why you’re carrying it, even though a folding knife kept out of sight is outside the banned list.

What happens after a desk appearance ticket for criminal possession of a weapon?

A desk appearance ticket starts a criminal case. The date on the ticket is your arraignment in criminal court, where you answer the charge written on it. For a knife, the charge is often criminal possession of a weapon in the fourth degree under Penal Law § 265.01, a class A misdemeanor. Pleading guilty at the first appearance leaves a conviction on your record. A defense attorney who reviews the case before your court date may find grounds to fight it in the stop, the search, or the knife itself. Some first-time knife cases may also end in an adjournment in contemplation of dismissal.

Will a dismissed knife charge stay on my record?

A knife case that ends in dismissal is sealed under New York law and won’t show up on most background checks. Some first-time knife cases may be resolved with an adjournment in contemplation of dismissal (ACD), which puts the case on hold for 6 months. If the case isn’t restored to the calendar in that time, it’s treated as dismissed.