Mt. Kisco and Westchester Gun Crimes Lawyers
Gun laws have been at the forefront of politics, the news, and our beliefs as a country. New York law enforcement has made it a priority to eliminate illegal weapons off the streets and arrest those who commit gun crimes. If you have been arrested and charged with criminal possession of a firearm in Mt. Kisco, NY, Tilem & Associates is ready to protect your rights, reputation, and freedom. Our experienced attorneys can conduct a thorough review of your case and determine all of your available legal options in order to obtain the most favorable outcome possible.Penalties for Criminal Possession of a Weapon
In New York, criminal possession of a weapon is classified into four degrees. With first degree considered the highest, while fourth degree is the lowest.
In addition, a relatively new crime entitled Criminal Possession of a Firearm has been added which made certain gun possession crimes that had previously been misdemeanors into class “E” felonies.
You may be charged with fourth degree criminal possession of a weapon by doing the following:
- Simple, unlicensed possession of an unloaded firearm or a firearm inside your home or place of business, stun or electric dart gun, slingshot, switchblade, metal knuckles, and “Kung Fu stars” (Although it is important to note that some reason federal cases have struck down the ban on nunchuks, throwing stars and stun guns.)
- Possession of a knife, razor, imitation pistol, stiletto or another deadly instrument with intent to use it against another person
- Possession of a firearm on school grounds
- Possession of a firearm by a person who is not a U.S. citizen
- Possession of any ammunition which pierces armor
Fourth degree criminal possession of a weapon is a Class A misdemeanor, which is punishable by a jail sentence of up to one year.
Please be aware that in New York City other items, not included in the above list may also be illegal under the New York City Administrative Code.
You may be charged with third degree criminal possession of a weapon by doing the following:
- Committing the offense of fourth degree criminal possession of a weapon by committing any of the acts described above while you have a criminal record
- Possession of an “assault weapon” (as that term is currently defined in New York), three or more firearms, a disguised firearm, any explosive, a high capacity magazine or ammunition feeding device, a bomb, silencer, or machine gun
- Possession of a weapon outside the home or business and you have a prior felony or Class A misdemeanor conviction within the past five years
Third degree criminal possession of a weapon is a Class D felony, which is punishable by a prison sentence of up to seven years.
You may be charged with a second degree criminal possession of a weapon by doing the following:
- Possession of a machine gun, loaded firearm, or disguised gun with the intent to use it unlawfully against another individual
- Possession of five or more firearms
- Possession of any loaded firearm outside your home or business
Second degree criminal possession of a weapon is a Class C violent felony, which is punishable by a maximum prison sentence of 15 years.
You may be charged with a first degree criminal possession of a weapon by doing the following:
- Possession of 10 or more firearms
- Possession of any explosive with intent to use it against another individual or another individual’s property
First degree criminal possession of a weapon is a Class B violent felony, which carries a prison sentence of up to 25 years.Let Our Experienced Legal Team Help You Today
With over 25 years of experience, our Mt. Kisco criminal defense attorney can help you navigate through the complexities of the state legal system. We understand what it takes to have those charges reduced or a case dismissed entirely. Do not hesitate to get qualified legal representation to get your life back on track.
Contact our firm and request a free consultation today.