FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

NY Penal Law § 265.08: Criminal use of a firearm in the second degree

June 25, 2020 Federal Criminal Attorneys

NY Penal Law § 265.08: Criminal use of a firearm in the second degree

In New York, it is illegal to possess a deadly weapon in the course of the commission of another felony. If you do so, you could be additionally charged with criminal use of a firearm. Und er New York Penal Code § 265.08, to be convicted of criminal use of a firearm in the second degree, the prosecutor must show the following:

 

  1. That you have committed any class C violent felony offense, and
  2. That you were in possession of a loaded, deadly weapon or that you displayed an object that appeared to be a firearm

 

For Example

A man breaks into a house and, in the course of the burglary, he steals a video game system. A short time later, when the man was apprehended, the police discovered that he had a firearm in his jacket pocket. This man could be facing prosecution for burglary in the second degree. Since burglary in the second degree is categorized as a class C violent felony, and there is evidence that the man was in possession of a firearm when he committed the burglary, the man could also be prosecuted on the charge of criminal use of a firearm in the second degree.

 

Offenses that are Related

Criminal possession of a weapon in the second degree: New York Penal Code § 265.03

 

Possible Defenses

To be convicted of criminal use of a firearm in the second degree, you must have been in possession of a deadly weapon and it must have been loaded. The term “deadly weapon” is defined in the New York Penal Code § 10.00(12) as any of the following:

 

  • Any  loaded weapon whose use can cause death or serious physical injury
  • A Gravity knife
  • A Switchblade knife
  • A Pilum ballistic knife
  • A Metal knuckle knife
  • A Billy
  • A Dagger
  • A Blackjack
  • A set of Plastic knuckles
  • A set of Metal knuckles

 

If the object that you were in possession of is not a deadly weapon, or it is not an item that appears to be a firearm, the prosecutor will have a difficult time proving that you need to be convicted of criminal use of a firearm in the second degree.

 

The Sentence

Since criminal use of a firearm in the second degree is categorized as a class C felony, if you are convicted, your possible sentence could be up to 15 years in prison. The minimum prison sentence you could face is 7 years since, in this case, you will have already been convicted of a prior violent felony offense. After being released from prison, you could be obligated to serve a term of post-release supervision.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

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

212-300-5196



get directions

NYC

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

212-300-5196



get directions

Brooklyn

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

212-300-5196



get directions

Call Us