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New York Weapons Charge Attorney

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Aggressive Defense for Weapons Charges by a Former NYC Prosecutor

Getting arrested and charged with a weapons-related offense can be a frightening experience. Being convicted of possession or use of an illegal weapon in New York City can lead to serious criminal penalties, including significant jail time and fines. If you have been arrested for any kind of weapons charge, it’s vital that you contact an experienced attorney as soon as possible.

The Law Offices of Mehdi Essmidi P.L.L.C., located in New York City, offers experienced and aggressive defense for those facing weapons-related charges, including possession of an illegal weapon, use or possession of a firearm without a license, unlawful sale or purchase of weapons, and other such offenses. With years of experience as a former New York City prosecutor, attorney Mehdi Essmidi has an intimate understanding of the criminal justice system and knows how to use his knowledge of prosecution tactics to aggressively defend his clients.

If you are facing weapons-related charges in New York City, contact us today for a free consultation.

Weapons Laws in New York City

Section 265 of the New York State Penal Code covers weapons offenses, including possession, sale, and use of illegal or restricted weapons. Below are some of the most commonly encountered weapons charges and associated penalties.

Criminal Possession of a Weapon in the Fourth Degree

Criminal possession of a weapon in the fourth degree is a crime in New York City that includes possession of any type of illegal weapon such as a switchblade knife, metal knuckles, or shuriken, as well as possession of any dangerous or deadly instrument with the intent to use it unlawfully against another person. It also includes possession of a rifle, shotgun, or antique firearm if the person has been convicted of a felony or serious offense, possession of any dangerous or deadly weapon by a person who is not a citizen of the United States, possession of a rifle or shotgun by a person who has been certified as not suitable to possess such a weapon and refuses to yield possession upon demand by a police officer, possession of a bullet containing an explosive substance designed to detonate upon impact, possession of armor piercing ammunition with the intent to use it unlawfully against another person, and possession of a major component of a firearm or unfinished frame or receiver if the person is not licensed as a gunsmith or dealer in firearms and is prohibited from possessing a shotgun or rifle.

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Criminal Possession of a Weapon in the Third Degree

Criminal possession of a weapon in the third degree is a weapons charge in New York City that includes possession of illegal weapons or possession of legal weapons with the intent to use them unlawfully against another person, as well as possession of certain types of firearms that have been modified to conceal their identity. It also includes possession of three or more firearms, possession of a firearm by an individual who has been previously convicted of a felony or serious misdemeanor within the last five years, possession of a disguised gun, possession of an assault weapon, possession of a large capacity ammunition feeding device, and possession of an unloaded firearm while committing a drug trafficking or violent felony.

Criminal possession of a weapon in the third degree is a class D felony.

Criminal Possession of a Weapon in the Second Degree

Criminal possession of a weapon in the second degree is a weapons charge in New York City that includes possession of a machine gun, possession of a loaded firearm with the intent to use it unlawfully against another person, possession of a disguised gun, possession of five or more firearms, and possession of any loaded firearm not in the home or place of business.

Criminal possession of a weapon in the second degree is a class C felony.

Criminal Possession of a Weapon in the First Degree

Criminal possession of a weapon in the first degree is a weapons charge in New York City that includes possession of an explosive substance with the intent to use it unlawfully against another person or property, and possession of ten or more firearms.

Criminal possession of a weapon in the first degree is a class B felony.

Additional Laws Related to Criminal Possession of a Weapon

In addition to these degrees, there are also laws that pertain to the unlawful possession of weapons by individuals under the age of sixteen, possession of a weapon on school grounds, and aggravated criminal possession of a weapon, which is possession of a weapon while committing another crime. There are also laws that prohibit the possession of certain types of ammunition-feeding devices and undetectable firearms.

Criminal Use of a Firearm in the Second Degree

Criminal use of a firearm in the second degree applies when a person uses a firearm to commit a crime and has been previously convicted of a felony or certain misdemeanors.

Criminal use of a firearm in the second degree is a class C felony.

Criminal Use of a Firearm in the First Degree

Criminal use of a firearm in the first degree applies when a person uses a firearm to commit a crime and causes serious physical injury to another person.

Criminal use of a firearm in the first degree is a class B felony.

Prohibited Use of Weapons

Prohibited use of weapons covers a variety of actions, including using a weapon in a manner that causes fear of serious physical injury, using a weapon while committing a crime, and using a weapon while intoxicated. The specific penalties for violating this law depend on the circumstances of the offense and the type of weapon involved.

Criminal Manufacturing, Purchasing, Selling or Transporting of a Weapon

The laws related to Criminal Manufacturing, Purchasing, Selling or Transporting of a Weapon in New York City generally cover a range of activities that involve the unlawful production, acquisition, or distribution of weapons. Some specific actions that are prohibited by these laws include: selling firearms to minors or individuals who are not legally allowed to own them, transporting undetectable firearms or ghost guns, selling non-microstamping-enabled firearms, and purchasing or selling semiautomatic rifles.

Penalties for Weapons Possession Convictions in New York

The penalties for weapons-related charges in New York City can range from probation to decades in prison, depending on the degree of the charge and the circumstances of the offense. Additionally, there may be fines, community service requirements, or other consequences associated with a conviction.

Contact Us Today for a Free Consultation

If you have been charged with possession of a weapon or any related crime in New York City, it is important that you speak with an experienced weapons charge attorney as soon as possible. At The Law Offices of Mehdi Essmidi P.L.L.C., we have extensive experience defending clients against weapons charges and other criminal offenses. We will use our knowledge of prosecution tactics to aggressively defend your rights and fight to get the best possible outcome for you. Contact us today for a free consultation.