New York Assault with a Gun
Gun violence has been a hot topic in New York lately. With recent changes to gun laws, there’s been a lot of discussion about what constitutes assault with a gun in New York, what the penalties are, and how laws are changing.
First off, what exactly is assault with a gun in New York? Well, it can mean a few different things. Generally, assault with a gun refers to using or threatening to use a gun against someone in a way that makes them fear for their safety. This could be pointing a gun at someone, pistol whipping them, or firing a gun near them in a threatening way. The key is using the gun to intentionally place someone in fear of injury, even if you don’t actually shoot them.
New York has a few different assault charges that can apply when a gun is involved:
- Menacing with a weapon – When you intentionally place someone in fear of injury by displaying a gun.
- Reckless endangerment – Acting in a way that creates a substantial risk of serious injury or death, like firing a gun into a crowd.
- Assault with a deadly weapon – Causing injury to someone using a deadly weapon like a gun.
The penalties for these charges vary, but can include both jail time and fines. For example, menacing with a weapon can be charged as a misdemeanor or a felony, with jail time up to 1 year or up to 7 years depending on exactly what happened.
Recent Changes to New York Gun Laws
There have been some notable recent changes to New York’s gun laws that affect assault charges.
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(212) 300-5196One of the biggest was the SAFE Act, passed in 2013. This law expanded the definition of assault weapons and required registration of existing assault weapons with the state. The goal was to better track these guns used in many mass shootings. However, enforcement issues mean over 40% of assault weapons remain unregistered.
The SAFE Act also increased penalties for assault with guns. For example, assaulting a police officer or first responder with a gun now carries a mandatory minimum sentence of 5 years in prison.
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In 2022, New York passed new laws raising the minimum age to buy semi-automatic rifles to 21 and requiring a license to carry concealed handguns in public. This was in reaction to mass shootings like the one in Buffalo. However, some claims about mandatory minimums for assault charges were debunked as false.
After an argument outside a Brooklyn nightclub, you pulled out a legally owned handgun and pointed it at another person during a heated confrontation, but never fired. Police arrived and arrested you, and now you're facing serious assault charges even though no one was physically injured.
Can I really be charged with assault with a gun in New York if I never actually shot anyone?
Yes — under New York Penal Law § 120.15, menacing in the second degree covers displaying a weapon in a threatening manner, but prosecutors often escalate these cases. If they charge you under Penal Law § 120.16 (Criminal Sale of a Firearm) or § 265.03 (Criminal Possession of a Weapon in the Second Degree), you could face a Class C violent felony carrying 3.5 to 15 years in prison. Pointing a firearm at someone can also support a charge of Assault in the Second Degree under Penal Law § 120.05, which is a Class D violent felony with a mandatory minimum of 2 years. An experienced defense attorney can evaluate whether the weapon was legally possessed, challenge the circumstances of the alleged threat, and potentially negotiate the charges down or build a strong self-defense argument at trial.
This is general information only. Contact us for advice specific to your situation.
Most recently, NY announced plans to require all new handguns be microstamped with serial numbers to help solve crimes. This controversial law faces legal challenges though.
