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NY Penal Law § 265.19: Aggravated criminal possession of a weapon

June 25, 2020 Federal Criminal Attorneys

NY Penal Law § 265.19: Aggravated criminal possession of a weapon

The New York Penal Code has a number of offenses that make it illegal to possess a range of different kinds of weapons as well as firearms. In general, if you possess a weapon, such as a gun, firearm, razor, switchblade or explosive substance with an unlawful intent to use such weapon against another person, you would have committed a crime. You will be charged with aggravated criminal possession of a weapon under New York Penal Code § 265.19, if you commit the crime of criminal possession of a weapon in the second degree and also commit a felony offense.

 

Criminal possession of a weapon in the second degree is defined under New York Penal Code § 265.03 as possessing a machine gun, a loaded firearm, a disguised gun with the intent to use it in an unlawful manner, or being in possession of 5 or more firearms.

 

For Example

The police receive a tip from a reliable source that a large amount of cocaine was being stored in a warehouse. The police set up a stake out of the warehouse. During the stake out, they observe a man enter the warehouse and then leave again a short while later carrying a small package. Upon following the man, they observed him hand the package over to a woman in exchange for what appeared to be cash. Upon placing both the man and the woman under arrest, the police discovered that the package contained cocaine and also that the man was carrying a loaded firearm. In the event that the package contained at least .5 ounces of cocaine, the man could be prosecuted for the felony offense of criminal sale of a controlled substance in the second degree. Since he also was in possession of a loaded firearm, he could be additionally prosecuted for aggravated criminal possession of a weapon.

 

Offenses that are Related

Criminal use of a firearm in the second degree: New York Penal Code § 265.08

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

 

Possible Defenses

Since the aggravated criminal possession of a weapon involves the commission of at least 2 crimes, the prosecutor carries the to prove all the elements of both crimes. For example, should you are accused of criminal sale of a controlled substance in the second degree, the prosecutor must have evidence that you did sell or that you attempted to sell the particular type of drug in the quantity of that drug that the statute requires. On top of that, the prosecutor must show evidence that at the time of the drug sale or attempted sale, you were also in possession of a machine gun, a loaded firearm, a disguised gun, or 5 or more firearms. If the prosecutor is unable to do all of that, then the prosecutor will have a difficult time getting the conviction of aggravated criminal possession of a weapon.

 

The Sentence

Due to the fact that aggravated criminal possession of a weapon is a class C felony, if convicted, your possible sentence will be up to 15 years in prison. This crime is also categorized as a violent felony offense. This means that the judge will be obligated to sentence you to a minimum of 3 1/2 years behind bars even if it is your first offense. That said, if you do have a prior felony offense or if additional aggravating factors exist, then your sentence will be me longer than 3 1/2 years in prison. Moreover, after your release from prison, you could be required to serve a term of post-release supervision.

 

Financial consequences are attached to being convicted for aggravated criminal possession of a weapon as well. The judge may order you to pay a fine of as much as $15,000 on top of other mandatory fees that you will be obligated to pay.

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