Unlawful Possession of a Weapon

Unlawful Possession of a Weapon: A Complex Issue Worth Understanding

Getting arrested for unlawful possession of a weapon can be a scary and confusing experience. As someone who has gone through it myself years ago, I know how overwhelming it feels in the moment. But with the right information and legal support, these cases can often be resolved fairly.

First off – don’t panic. Take a few deep breaths. You have rights, and there are people who can help explain the law and your options.

Now, let’s break this down into a few key areas: the different types of weapons charges, possible defenses, penalties if convicted, and the importance of working with a lawyer.

The Charges

There are a range of possible weapons charges under NY Penal Law Article 265. Some common ones include:

• Criminal possession of a weapon in the 4th degree – for possessing things like stun guns, switchblades, metal knuckles. This is a misdemeanor.
• Criminal possession of a weapon in the 3rd degree – for possessing certain guns, defaced firearms, or multiple guns. This is a felony.
• Criminal possession of a firearm – for possessing a loaded or unloaded handgun without a permit. Also a felony.

As you can see, the charges escalate based on the type of weapon and other circumstances. There are also many nuances in the law, like exceptions for licensed gun owners, antiques, and certain professions.

Possible Defenses

The good news is there are potential defenses to unlawful possession charges, such as:

• You had a valid license for the weapon.
• The weapon was an antique or replica not covered by the law.
• You did not actually “possess” the weapon – i.e. it was found in a car or home that other people access.
• The search which uncovered the weapon was illegal.

A skilled criminal defense lawyer can evaluate if any of these defenses apply in your specific case.

Penalties if Convicted

The penalties for unlawful weapon possession vary drastically depending on the charge and your criminal record. For example:

• 4th degree misdemeanor – up to 1 year in jail
• 3rd degree felony – up to 7 years in prison
• Felony with a prior record – up to 15 years in prison

There are also other life-altering consequences like probation, fines, a criminal record, and loss of certain rights. That’s why fighting the charges is so important.

Getting Legal Help

The bottom line is do not go through this alone. Hire an experienced criminal defense lawyer as soon as possible after an arrest. An attorney can advocate for your rights, examine the evidence, pursue dismissal or acquittal, and seek alternatives like diversion programs.

While getting arrested is scary, there are options. Stay positive, be polite, and let a lawyer handle the legal complexities. Many good people have faced these charges and gone on to dismiss them or resolve the case fairly. So take it step by step, keep your head up, and know you have support. Feel free to reach out if you need someone to talk to. We’re in this together.