New York Criminal Possession of a Weapon in the Third Degree (NY Penal Law 265.02)

Criminal Possession of a Weapon in the Third Degree – New York

Criminal Possession of a Weapon in the Third Degree is categorized as a Class D felony, a violent felony, in the state of New York. A class D felony comes with a minimum prison sentence of two years and a maximum sentence of seven years. Criminal Possession of a Weapon in the Third Degree remains a very complicated charge. Due to there are a variety of factors which can lead to being charged under this statute.

Connection to a Fourth-Degree Offense

Criminal possession of a weapon in the fourth degree is a Class A misdemeanor. Violations of this law, when combined with other factors, lead to an increase of the charges to a third-degree offense.

Under criminal possession of a weapon in the fourth degree, numerous different weapons is clearly categorized. Firearms of all variety including black powder cartridge and muzzleloader rifles/pistols fall under a fourth-degree offense. Stun guns, dart pistols, and imitation pistols are also listed in the statute along with various bladed weapons such as machetes, cane swords, switchblades, and more. Impact weapons including blackjacks, metal knuckles, nunchaku, and bludgeon instruments remains illegal to possess. Projectile weapons – wrist-brace slingshots, shuriken, and the like – lack legality as well. Numerous other weapons not listed are also illegal to possess.

The statute also notes lack of United States citizenship, previous convictions for a felony, possession of barred ammunition could create the basis for charges. The fourth-degree possession statute encompasses many violations.

Increasing the Charge Based on Circumstances

A charge of criminal possession of a weapon in the fourth degree is a serious charge to be sure. But the penalties for third-degree possession are much more severe. A person who has committed what would “normally” be a fourth-degree offense could be increased to a third degree one if the suspect has been convicted of any crime. The statute clearly states “any crime,” which means even a non-violent misdemeanor affects the charges. In some instances, the only difference between a fourth or third-degree charge would be the presence or absence of a previous conviction.

A third-degree charge could be levied against a person regardless of any previous convictions. Non-violent crimes may provide the basis for an increase from fourth to the third degree. The specifics of how circumstances of automatic third-degree weapon possession charges is clearly spelled out in the criminal code.

Firearm Violations Leading to Third-Degree Charges

The firearm violations in this statute expand to include:

Silencers and Alterations for Concealment

Possession of a firearm silencer automatically leads to a third-degree possession charge. Silencers are designed to lower and suppress the sound of a discharged firearm. The law makes no distinction between professionally made, and homemade silencers. Possession of a firearm silencer remains a crime.

Defacing or altering a weapon for the purpose of greater concealment brings charges to the third-degree level. Cutting off the barrel of a shotgun or rifle – a sawed-off shotgun – reflects a common example. Cutting the stock off a rifle/shotgun or both the barrel and stock might fall under this delineation. Conceivable, sawing the seven-inch barrel of a revolver down to two-inches violates this statute.

Possession of a Loaded Firearm

Carrying an unloaded firearm is a crime. Carrying a loaded firearm raises the charges to the third-degree level. The law does not mention the weapon must be concealed. Certain states’ statutes allow for legal open carry of firearms. Restrictions may apply in certain jurisdictions. Open carry of a loaded shotgun while hunting obviously is not a crime. The open carry of a shotgun on a city street surely would be.

Defacing Firearm Serial Numbers

To deface, file, or otherwise try and remove or render unreadable the serial numbers or any identifying component on a firearm automatically moves a possession charge up to the third degree. Law enforcement uses serial numbers to trace firearms to their lawful owners, and sellers when used in a crime or stolen. Removing serial numbers can be charged as a felony on both the state and federal level. Anyone in possession of such a marred firearm regardless of age or type of weapon would be in serious legal jeopardy.

Unique Firearm Possession Circumstances

A person who possesses three or more firearms would be charged with possession of the third degree. So would a person who possesses a firearm and has been convicted of a felony or a class A misdemeanor within five years before the commission of the offense. Exceptions to this statute would be when the possession occurs in the person’s home or place of business.

Other unique rules to this statute reference possession of an assault weapon, a disguised gun, or a large-capacity feeding device. Ignorance of the law does not absolve anyone from these statutes. A person who lawfully purchases a weapon or feeding device legal in one state but defined as illegal in New York might find him/herself in serious after moving to New York and importing the weapon/feeding device.

Explosives and Incendiary Devices

The common images that come to mind when mentioning possession of a weapon would be a firearm or knife. Explosives and incendiary devices also falls under this statute. Bombs and bombshells – shells designed to launch projectile bombs – are deadly weapons and against the law. The false assumption may be that it is only illegal to possess bombs or other explosives for the purpose of committing a malicious crime. The possession of these devices for any reason would be a crime.

For example, if someone were to make a home movie and intended to explode a homemade bomb for “special effects,” this would be an extremely dangerous stunt to attempt. Possessing such an explosive would be a crime. Again, the intent remains irrelevant to the charges. Due to the charge focuses on possession.

Potential Defenses to Third-Degree Weapon Possession

An experienced criminal defense attorney will examine every aspect of your case to identify potential defenses. Including:

Illegal search and seizure. If law enforcement violated your Fourth Amendment rights, the weapon may be suppressed as evidence. Lack of possession. The prosecution must prove you knowingly possessed the weapon. Lack of knowledge. You may not have known the weapon was present or that it was illegal. Home or business exception. Some violations is not crimes if possession occurs in your home or place of business. And lawful purpose. In certain circumstances, possession for a lawful purpose may be a defense.

Challenging the Classification of the Weapon

Your attorney will scrutinize how the weapon was classified. They will look for errors in determining whether the weapon meets the statutory definition. In some cases, weapons which prosecutors claim are illegal may not actually fall under the statute’s definition.

Enhanced Penalties for Prior Convictions

One of the most significant aspects of third-degree weapon possession is how prior convictions enhances the charges. Even a misdemeanor conviction from years ago can elevate what would normally be a fourth-degree charge to a third-degree felony.

This means that individuals with any prior criminal history faces much harsher penalties. Due to the statute’s broad language regarding “any crime.” Your attorney will examine whether prior convictions was properly considered, and whether they should apply under the statute.

The Consequences of a Conviction

A conviction for Criminal Possession of a Weapon in the Third Degree carries severe consequences. Including:

Mandatory minimum sentence of 2 years in prison. Maximum sentence of 7 years in prison. Classification as a violent felony which affects parole eligibility. Difficulty finding employment with a violent felony conviction. Loss of the right to possess firearms. Immigration consequences if you’re not a U.S. citizen. And permanent damage to your reputation.

Due to this is classified as a violent felony, judges has less discretion in sentencing. And defendants may not be eligible for certain plea deals or alternative sentencing programs.

Differences Between Weapon Possession Degrees

Understanding the distinctions between different degrees of weapon possession is critical:

Fourth Degree – Class A misdemeanor, up to 1 year in jail. Involves possession of various weapons without aggravating factors. Third Degree – Class D violent felony, 2-7 years in prison. Includes aggravating factors like prior convictions, loaded firearms, or silencers. Second Degree – Class C violent felony, more serious circumstances. First Degree – Class B violent felony, most serious weapon possession charge.

The difference between degrees can mean years of additional prison time. Which is why experienced legal representation is essential.

New York’s Strict Weapon Laws

New York has some of the most stricter weapon laws in the United States. The state takes weapon possession cases seriously. And prosecutors aggressively pursue convictions. Even individuals who legally owned weapons in other states can find themselves facing felony charges in New York.

The complexity of New York’s weapon statutes means that many people is unaware they’re committing a crime. Lawful gun owners from other states who travels through New York with firearms can be arrested, and charged. Collectors who possess certain types of knives or other weapons may unknowingly violate the law.

Why You Need an Experienced Weapon Possession Attorney

Criminal Possession of a Weapon in the Third Degree cases is complex and require an attorney who:

Has extensive experience defending weapon possession charges in New York. Understands the nuances of New York’s weapon statutes. Can challenge illegal searches, and seizures. Has relationships with prosecutors, and judges in your jurisdiction. Knows how to negotiate favorable plea deals. And has trial experience in violent felony cases.

Generic criminal defense lawyers often lacks the specialized knowledge needed to effectively defend weapon possession cases. The technical nature of these statutes require attorneys with specific expertise in this area.

The Importance of Immediate Legal Representation

If you has been arrested for Criminal Possession of a Weapon in the Third Degree, time is critical. Early intervention by an experienced attorney can:

Prevent you from making statements which could incriminate you. Preserve evidence which may be helpful to your defense. Identify weaknesses in the prosecution’s case. Begin negotiating with prosecutors. And develop a comprehensive defense strategy.

Don’t try and wait to seek legal counsel. The stakes is too high.

Understanding Assault Weapon and Magazine Capacity Laws

New York’s laws regarding assault weapons and large-capacity feeding devices is particularly complex. The SAFE Act imposed strict regulations on these items. And many gun owners was caught off guard by the new requirements.

Possession of an assault weapon or a magazine which holds more than 10 rounds can result in third-degree weapon possession charges. Even if you purchased these items legally before the SAFE Act, failing to properly register them or continuing to possess non-compliant items can lead to serious charges.

Contact a New York Weapon Possession Defense Attorney

If you or a loved one has been charged with Criminal Possession of a Weapon in the Third Degree in New York, contact Spodek Law Group immediately. We has extensive experience defending clients against weapon possession charges throughout New York State.

We understand the complexities of New York’s weapon laws, and we provide aggressive representation which protects your rights. Our team will examine every aspect of your case, challenge illegal searches, and fight for the best possible outcome.

Don’t let a weapon possession charge destroy your future. Let our experienced criminal defense team stand with you. We know how to challenge these charges, negotiate with prosecutors, and defend your rights at trial. Call us 24/7 for a free consultation. Your freedom, your record, and your future is too important to leave to chance.