Aggressive Firearm Charges Defense Attorney in the Southern Tier of New York

Criminal Possession of a Weapon in the First Degree

This is a Class B violent felony that requires imprisonment as a sentence, as well as a period of post-release supervision. A person can be found guilty of this charge when he or she possesses any explosive substance with intent to use the same unlawfully against the person or property of another, or he or she possesses ten or more firearms. It does not matter what type of firearms are possessed; simply possessing ten firearms can result in imprisonment.

Criminal Possession of a Weapon in the Second Degree

This is a Class C violent felony, and the sentence must be imprisonment with post-release supervision. A person can be found guilty of this charge when he or she possesses any loaded firearm outside of their home or business, he or she possesses five or more firearms, or he or she possesses a machine gun, a loaded firearm, or a disguised gun with the intent to use the same unlawfully against another.

Criminal Possession of a Weapon in the Third Degree

This is a Class D felony or a Class D violent felony, depending on the circumstances of the case, and the sentence can include imprisonment, probation, or a conditional discharge. A person can be found guilty of this charge when he or she possesses a weapon or firearm and has previously been convicted of any crime, or he or she possesses an explosive, incendiary bomb, bombshell, silencer, machine gun, disguised gun, or a defaced weapon. A person can also be found guilty of this charge if he or she possesses three or more firearms, he or she possesses an assault weapon, or he or she possesses a large-capacity feeding device.

Criminal Possession of a Weapon in the Fourth Degree

This is a Class A misdemeanor, and the sentence can be up to one year of imprisonment, probation, or a conditional discharge. A person can be found guilty of this charge when he or she possesses a firearm, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sandbag, wrist-brace-type slingshot or slungshot, shirken, Kung Fu star, explosive bullet, or armor-piercing ammunition. A person can also be found guilty of this charge if he or she possesses a rifle or shotgun with a previous conviction or possesses a weapon (including a dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife, or other dangerous or deadly instrument or weapon) with the intent to use it unlawfully against another. 

Aggravated Criminal Possession of a Weapon

This is a Class C violent felony that requires imprisonment with post-release supervision. A person can be found guilty of this charge when he or she is outside of their home or business and possesses any loaded firearm and also commits a violent or drug trafficking felony arising out of the same criminal incident.

Criminal Use of a Firearm in the First Degree

This is a Class B violent felony that requires imprisonment with post-release supervision. A person can be found guilty of this charge when he or she commits any Class B violent felony offense and possesses a deadly weapon if the weapon is a loaded weapon from which a shot readily capable of producing death or other serious physical injury may be discharged. A person can also be found guilty of this charge if he or she commits any Class B violent felony offense and displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

Criminal Use of a Firearm in the Second Degree

This is a Class C violent felony that requires imprisonment and post-release supervision. A person can be found guilty of this charge when he or she commits any Class C violent felony offense and possesses a deadly weapon if the weapon is a loaded weapon from which a shot readily capable of producing death or other serious physical injury may be discharged. A person can also be found guilty of this charge if he or she commits any Class C violent felony offense and displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

Criminal Sale of a Firearm in the First Degree

This is a Class B violent felony that requires imprisonment with post-release supervision. A person can be found guilty of this charge if he or she knowingly and unlawfully sells, exchanges, gives, or disposes of to another person ten or more firearms, or a total of three or more firearms in a period of not more than one year.

Criminal Sale of a Firearm in the Second Degree

This is a Class C violent felony that requires imprisonment with post-release supervision. A person can be found guilty of this charge if he or she knowingly and unlawfully sells, exchanges, gives, or disposes of to another person five or more firearms, or a total of two or more firearms in a period of not more than one year.

Criminal Sale of a Firearm in the Third Degree

This is a Class D violent felony that requires imprisonment. A person can be found guilty of this charge if he or she knowingly and unlawfully sells, exchanges, gives, or disposes of a firearm or large-capacity feeding device to another person, or knowingly and unlawfully possesses a firearm with the intent to sell it.