NYC Weapons Attorney
Mark I. Cohen is an experienced NYC weapons attorney who routinely handles gun possession and other weapon crimes in New York City (Manhattan, Brooklyn, Bronx, Queens, and Staten Island) and in New York State Courts.
In New York, Criminal Possession of a Weapon can be charged as either a felony or a misdemeanor level crime.
Criminal Possession of a Weapon in the Fourth Degree (PL 265.01) makes it illegal for a person to possess various items, including: firearms, dart guns, stun guns, various types of knives, cane swords, billy clubs, blackjacks, bludgeons, plastic knuckles, metal knuckles, chukka sticks, sand bags, sandclubs, certain sling shots, shirkens or “Kung Fu stars.” Criminal Possession of a Weapon in the Fourth Degree is a class A misdemeanor. PL 265.01(a) criminalizes possession of a weapon on school grounds and PL 265.01(b) criminalizes the possession of any firearm. Both 265.01(a) and (b) are class E felonies.
Criminal Possession of a Weapon in the Third Degree (PL 265.02) is a class D violent felony offense which is charged when the accused has any criminal conviction on his or her record and possesses a weapon of any kind; any explosive or incendiary device; any defaced firearm; any large capacity ammunition device; any unloaded firearm used in a narcotics or violent offense; an assault weapon; or where the accused possesses three or more firearms outside of his or her home or place of business.
Criminal Possession of a Weapon in the Second Degree (PL 265.03) is a class C violent felony. The most common conduct charged under this section involves possessing a loaded firearm with intent to use it illegally against another person. Also outlawed by this section is the possession of a machine or a disguised gun. If the possession of a gun or firearm takes place in one’s business or home, PL 265.02 is the proper charge.
Criminal Possession of a Weapon in the First Degree (PL 265.04) is a class B violent felony. There are two possible scenarios where an individual can be charged with Criminal Possession of a Weapon in the First Degree. First, where the accused is alleged to possess an explosive substance with intent to use it and, second, when the accused illegally possesses 10 or more firearms.
For first offenders, Criminal Possession of a Weapon in the Fourth Degree (PL 265.01) carries a sentence of up to one year in jail. Criminal Possession of a Weapon in the Third Degree (PL 265.02) carries a mandatory minimum of 2 years in prison and a maximum of 7 years in prison for first offenders. Criminal Possession of a Weapon in the Second Degree (PL 265.03) carries a mandatory minimum of 3½ years in prison and a maximum of 15 years in prison for first offenders. Criminal Possession of a Weapon in the First Degree (PL 265.04) carries a mandatory minimum of 5 years in prison and a maximum of 25 years in prison for first offenders.
During his 28 years of New York City and New York State Criminal Defense practice, Mr. Cohen has mastered the procedural and substantive laws pertaining to criminal possession of a weapons offense.
- By retaining Mark I. Cohen, a defendant charged with a New York City or New York State Courts with a weapon offense can maximize the chances that:
- He or she will be released from custody on the lowest possible amount of bail or on his or her own recognizance;
- He or she may be able to prevail on a motion to dismiss the indictment (if the indictment is defective);
- He or she may be able to suppress any evidence illegally seized by investigators (if the evidence was obtained in violation of the defendant’s rights);
- He or she will be able to prevail at trial;
- He or she will be able to obtain the best plea bargain possible should there be compelling evidence of the defendant’s guilt; and
- He or she will be able to receive a non-prison sentence, or which results in the lowest amount of prison time possible.
If you have been charged with criminal possession of a gun or other weapon, you should contact Mark I. Cohen, an experienced NYC weapons attorney, to maximize your chances of preserving your freedom, reputation and assets.