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:
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
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:
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.
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.
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