Criminal Defense Lawyers

NY Penal Law § 265.05: Unlawful possession of weapons by persons under sixteen

NY Penal Law § 265.05: Unlawful possession of weapons by persons under sixteen

Among the eleven offenses in the New York Penal Code that make it illegal to be in possession of firearms or other weapons, three of them are written specifically to keep weapons away from minor children. it is illegal under New York Penal Code § 265.05 for a child  under the age of 16 to be in possession of the following:

• An air-gun
• A spring-gun
• Any gun that might use loaded or blank cartridges
• The loaded or blank cartridges themselves
• Any ammunition
• Any knife that is dangerous

Example

A police officer sees a 15 year old boy in possession of a machete. The boy is placed under arrest and charged with criminal possession of a weapon in the fourth degree, as well as unlawful possession of weapons by persons under sixteen. That said, in order for the prosecutor to prevail, the prosecutor is obligated to prove that the knife described as a machete that the boy in possession of was indeed a dangerous weapon and not merely a utilitarian utensil.

Offenses that are Related

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Unlawful possession of a weapon upon school grounds: New York Penal Code § 265.06

Criminal possession of a weapon on school grounds: New York Penal Code § 265.01-a

Possible Defenses

In order to be successfully convicted of unlawful possession of weapons by persons under sixteen, the prosecutor must demonstrate that the object that you had is indeed a weapon according to the definition in the statute. For instance, if you were found to be in possession of a knife, the knife must have obviously been a dangerous knife. While there are some knives, such as stilettos or daggers, that are, without question, dangerous knives, other knives, such as kitchen knives and butter knives are utilitarian utensils. If the object cannot be classified as a dangerous knife, then the prosecutor would have no option but to drop the charge against you.

An alternative defense, in cases involving a rifle or shotgun, is that you are in possession of the rifle or shotgun pursuant to a lawful hunting license or permit. If this is the case, then you may not be prosecuted for unlawful possession of weapons by persons under sixteen.

Sentence

The consequences of being found guilty of having committed the offense of unlawful possession of weapons by persons under sixteen is that you would be formally adjudicated a juvenile delinquent.