What is Criminal Possession of a Firearm in New York?

Our Albany criminal defense attorneys at O’Brien & Eggleston PLLC know New York’s firearm laws are complex and rigidly enforced.

If you are charged with criminal possession of a firearm, it is essential to understand what that means and ensure your rights are protected throughout the legal process, potentially reducing the impact of the charges. Our Albany County defense lawyers can help.

What are the Critical Elements of Criminal Possession of a Firearm?

In New York, individuals must have the appropriate permits and licenses to possess a firearm legally. Failure to comply with these regulations can lead to criminal charges.

That may include:

• Simple Possession: Having a firearm without the proper license or permit.
• Possession of an Assault Weapon: Possessing a specific kind of firearm classified as an assault weapon.
• Possession of a Defaced Firearm: Having a firearm with serial numbers or other identifying marks that have been altered or removed.
• Criminal Possession with Intent to Use Unlawfully: Possessing a firearm with the intent to use it in the commission of a crime.

Each of these charges falls under a separate degree of criminal charges, including:

• Fourth Degree: Possessing a firearm without proper licensing. It is a class A misdemeanor.
• Third Degree: Possessing three or more firearms, possessing a gun that has been defaced, or possessing a firearm with intent to sell. It is a class D felony.
• Second Degree: Possessing a loaded firearm with intent to use it unlawfully against another person. It is a class C felony.
• First Degree: Possessing ten or more firearms. It is a class B felony.

What are the Penalties for Criminal Possession of a Firearm in New York?

Depending on the degree of criminal of a firearm and any aggravating factors associated with the charges, the legal penalties may include:

• Misdemeanor: A class A misdemeanor can result in up to one year in jail, fines, and a criminal record.
• Felony: Felony charges can lead to lengthy prison sentences, hefty fines, and a permanent criminal record. For example, a class D felony can result in up to 7 years in prison, while a class B felony can lead to up to 25 years.

Aggravating factors that may enhance the legal penalties may include:

• Previous Convictions: Prior convictions can elevate the severity of the charges and penalties.
• Loaded Firearm: Possessing a loaded firearm can result in more severe charges, especially if there is intent to use it unlawfully.
• Location: Possession of a firearm in sensitive places such as schools or government buildings can lead to enhanced charges and penalties.

Contact Our Albany Criminal Defense Attorneys Today

If you have been arrested for criminal possession of a firearm in any degree, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected from the start. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.