212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

What Qualifies as a 3rd Degree Weapon Charge in New York City?

What Qualifies as a 3rd Degree Weapon Charge in New York City?

In New York, weapons charges are categorized into different degrees based on the type of weapon and the circumstances of the offense. A 3rd degree weapons charge is considered less serious than a 1st or 2nd degree charge, but can still carry significant penalties.

Overview of 3rd Degree Weapons Charges

According to New York penal code §265.02, a person is guilty of 3rd degree criminal possession of a weapon when they knowingly possess any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, or metal knuckles.

To face a 3rd degree charge, the person must have possessed the weapon with no valid permit or license. The weapon also cannot qualify as an antique firearm.

If convicted, 3rd degree criminal possession of a weapon is a class D felony punishable by up to 7 years in prison. Fines up to $5,000 may also be imposed.

Circumstances Leading to a 3rd Degree Charge

There are a few specific circumstances that can lead to 3rd degree weapons charges in NYC:

  • Possessing a loaded firearm outside the home or place of business: This includes having a loaded gun in a public place without a valid permit. If the firearm is unloaded, it may qualify as a lesser 4th degree charge instead.
  • Possessing certain weapons on school grounds: Being found in possession of a firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, or metal knuckles on school grounds can lead to a 3rd degree charge. This applies even with a valid permit.
  • Possessing a defaced firearm: If the serial number or other identifying mark on a firearm has been intentionally defaced, possession is automatically a 3rd degree offense.
  • Selling or passing weapons to a minor: Illegally selling, exchanging, or giving one of the above weapons to someone under 18 also constitutes a 3rd degree charge. The same penalties apply.

Defenses Against 3rd Degree Weapons Charges

If you’ve been arrested for a 3rd degree criminal weapons possession charge in New York City, working with an experienced criminal defense attorney on potential defenses is critical. Some possible defenses include:

  • You did not actually or constructively possess the weapon
  • You had no knowledge the weapon was present
  • You had a valid permit, license, or exemption for possession of the weapon
  • The weapon is an antique or replica that does not qualify under the statute
  • The police violated your 4th Amendment rights (unlawful search & seizure)

An attorney can also negotiate with prosecutors for reduced charges or diversion programs in appropriate cases.

Additional Resources

For more information on New York weapons charges and penalties, check out the following resources:

I hope this overview gives you a better understanding of what constitutes a 3rd degree weapon charge in NYC. Let me know if you have any other questions!

 

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!