Our experienced New York weapons attorneys are seeing that more and more often, people are being arrested on r weapons charges. Gun crimes are and have long been common in New York courts, but we are now seeing many people arrested for possessing knives, black jacks, brass knuckles and other types of weapons. In New York City many weapons that are legal in New York State, such as pepper spray and certain knives are illegal and many arrests occur in New York especially at LaGuardia and Kennedy airports and on the Subways and trains.
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In New York weapons crimes are treated most seriously whether they are charged as misdemeanors or felonies. In addition to the four degrees of Criminal Possession of a Weapon, Criminal Possession of a Firearm is a class “E” non-violent felony.
At Tilem & Associates, PC, our New York weapon crime lawyers have experience with all kinds of weapon charges, including guns and having a gun in an airport. Peter Tilem has been involved in the New York criminal system for more than 25 years as a prosecutor and now as a defense attorney and has participated in the prosecution and defense of hundreds if not thousands of weapons crimes.
We serve the boroughs of New York City, as well as Suffolk County, Nassau County, Westchester County, and more. Contact us to set up a free consultation with a weapon crime lawyer in New York.Types of Weapon Charges
New York recognizes four different degrees of the crime of Criminal Possession of a Weapon including Criminal Possession of a Weapon in the Fourth Degree which is a misdemeanor and Criminal Possession of a Weapon in the First Degree which is a class “B” felony punishable by up to 5 years in prison. One of the most commonly charged weapons crimes is Criminal Possession of a Weapon in the Second Degree (CPW2). A person can be charged with CPW2 for possessing a loaded firearm outside the person’s home or place of business. CPW2 is a Class “C” felony punishable by a minimum sentence of 3.5 years in prison and a maximum sentence of 15 years in prison.
Weapon crimes are very unique, and one must familiarize themselves with the law before they carry any weapon for self-defense. The New York weapons laws are constantly in flux and subject to change so it is essential that anyone carrying a weapon know the current state of the law. Recently, New York’s gravity knife law has been repealed. In addition, recent rulings in some parts of New York have struck down bans on nunchuks or chukka sticks and stun guns.
Other weapons that are illegal to possess in New York include:
- Switchblade knifes
- Billy clubs
- Metal knuckles
- Chuka sticks
- Kung fu weapons
- Cane sword
You can get up to a year of jail time for simple possession (or “naked possession”) of any of the above, even if no other charges are attached. Even if you brandish something that could be used as a weapon, like a fork, that shows an intention to use it unlawfully against another person, you could be arrested on a weapons charge.
In addition, the New York City Administrative code makes it illegal to possess a knife that is in plain view such as one clipped to a pocket or a knife over 4 inches within the city limits of New York City.Contact Us Today for a Free Consultation
At Tilem & Associates, PC, we will do everything in our power to protect your rights and avoid serious punishments. Our New York weapon crime attorneys work one-on-one with each client to find the best possible resolution to a criminal matter. Our weapons crimes lawyers often file motions to suppress weapons that are unlawfully seized by the police. Winning a suppression motion in a weapons case will usually result in a dismissal of the charges.
Our lead attorney, Peter H. Tilem is an NRA Certified Instructor and an NRA Range Safety Officer. You can be confident in his ability to successfully resolve your case. We can be reached by phone at 877-377-8666.
Don’t wait to schedule your free initial consultation with a weapon crime attorney in New York!