Will I Go to Jail for Weapons Charges in New York?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know New York has strict gun laws, and the penalties for weapons offenses can be severe.

The potential consequences for weapons charges in New York can vary based on several factors, including the specific charges, the circumstances of the alleged offense, and your criminal history.

Here, our Albany County defense lawyers discuss general considerations for when weapons offenses and convictions can lead to incarceration.

What are Misdemeanor Weapon Charges in New York?

Only the lowest-level weapons possession offense, criminal possession of a weapon in the fourth degree, carries a misdemeanor penalty.

Everything above that, including third-, second-, and first-degree possession and criminal use of a firearm, are all classified as violent felonies in New York.

Possessing a weapon in the fourth degree criminalizes the possession of various non-firearm weapons and dangerous objects, including:

• Billy clubs.
• Blackjacks.
• Bludgeons.
• Cane swords.
• Chukka sticks.
• Dart guns.
• Metal knuckles.
• Sandbags.
• Some slingshots.
• Stun guns.
• Throwing stars.
• Various knives.

Fourth Degree Possession is a class A misdemeanor and is punishable by up to one year in jail for first-time offenders. Illegally possessing any firearm or possessing any of the weapons listed by statute on school grounds are class E felonies and carry much stiffer penalties.

Felony Weapon Charges in New York

Any more severe circumstances involving the possession or use of a weapon in New York are classified as violent felonies and typically carry heavy sentences, including mandatory minimum sentences.

That may include:

• Illegal Possession of a Firearm.
• Criminal Possession of a Weapon (CPW).
• Possession of a Firearm Without a Permit.
• Criminal Use of a Firearm.
• Illegal Possession of Ammunition.
• Assault with a Deadly Weapon.
• Aggravated Weapons Charges.

A conviction can lead to significant time behind bars if you face weapons charges in New York. Contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment to discuss the severity of the charges against you so we can begin building a defense strategy that fits your unique circumstances.

We have a strong track record of producing real results for our clients. See how we can pursue a positive outcome for your case.