Misdemeanor Weapon Crimes
If you are charged with Criminal Possession of a Weapon in the Fourth Degree (New York Penal Law 265.01) in New York City or beyond, you are facing serious consequences. Although technically a misdemeanor offense, a conviction for weapons possession is punishable by up to a year in jail. A conviction will likely appear on your record in any future background checks. Obviously, even if you are never incarcerated, this could seriously impact your employability in any field where state licensing and/or a clean record is required. These fields include education, finance, law, architecture, accounting and medicine, among many others.
If you are not a U.S. citizen, you could be facing additional ramifications. For example, your visa might be revoked and/or your status not renewed. In any event, a misdemeanor conviction can delay any hearing or application you may make in regards to your resident status.
- Defenses to NY Weapon Possession Arrests
- Other Factors in NY Weapon Possession Arrests
- The NY Misdemeanor Weapon Charges & Crimes
- Fourth Degree Criminal Possession of a Weapon: NY Penal Law 265.01(1)
- Fourth Degree Criminal Possession of a Weapon: NY Penal Law 265.01(2)
If you have been arrested or received a Desk Appearance Ticket (DAT) for Criminal Possession of a Weapon in the Fourth Degree, you should consult with a New York criminal defense attorney before taking any action. Your New York criminal lawyer can help you best understand your legal options in order to defend your rights and protect your future.Important considerations
A few things are crucial to consider if you are charged with Criminal Possession of a Weapon in the Fourth Degree, often referred to as "CPW 4." First, possessing certain personal weapons is considered a crime even if you are not in fact using them.
Switchblades and Gravity Knives are two examples of personal weapons that fall under this category of offense. In addition, you may be charged with this crime for any object that is used as a weapon - such as a paperweight, brick or two-by-four - even if it's an object not typically considered a weapon.
Unlike some other offenses, most District Attorney's Office rarely make an offer at an arraignment (where you first see a judge) when it comes to weapons charges whether it is in Manhattan, Brooklyn, Queens or the Bronx. If you do receive an offer from the prosecution, be mindful about your decision, because there could be collateral consequences from any conviction, even to a seemingly lesser charge. For example, if you plea down to a Disorderly Conduct (NY PL 240.20) charge, it could still appear in a future background check and negatively impact your employment options.
Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors about misdemeanor weapon crimes.
In depth information on weapon crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its weapon crime section.