Criminal Possession of a Firearm in New York (NY PL 265.01-b(1))

Understanding Firearm Possession Laws in New York

In the state of New York, you can be charged with either a misdemeanor or a felony if you have a firearm in your possession. There are new laws that have recently been passed in the state that could result in what would have been considered a misdemeanor now being charged as a felony. This means that you would be sentenced to spend a longer time in prison and that you would have to pay higher fines. If you have been charged with possession of a firearm, then you should consider seeking the assistance of an attorney who can offer advice about how to accept a plea deal or whether you should face the court and offer evidence in your defense. If you are found with any kind of firearm in your possession while in New York, then it would be considered a Class E felony. Examples of firearms that you could have in your possession include handguns, rifles, or any kind of assault weapon. However, if you have a permit to possess the firearm, then you likely won't be charged unless you are a convicted felon. When you are stopped by an officer, you will usually be asked about your gun license to determine if you can legally have the weapon with you at the time. If you are charged and convicted of felony possession of a firearm, then you could be sentenced to spend one to four years in prison. Fines could be up to $5,000. A misdemeanor conviction could result in up to a year in jail as well as fines of up to $1,000. An attorney can approach the court to ask that your sentence is at the lower end of the spectrum. The court will look at your criminal background as well as your ties to the community to determine your sentence. In some instances, your charge could be a misdemeanor instead of a felony if you're in possession of a firearm for the first time and are arrested. In New York, you are to register any firearm that you have. If you do not register the firearms that you own, then you could be charged with a felony. Many of the penalties that you face after being charged with this crime are the same as those that you would face if you had the gun in your possession.

Prosecution's Burden of Proof

When you go to court, the prosecution will bear the burden of having to prove that you actually had a firearm on your person at the time you were charged with the crime. This is when an attorney is beneficial because your attorney can approach the court to try to show that you did not have the firearm at the time. If you're charged because you failed to register the firearm, then your attorney could offer defenses regarding not being aware that the gun wasn't registered at the time or that you completed the paperwork and filed it with the proper office. You would need to be able to show that you have the proper documentation for your charges to be dismissed. Another component that the prosecution must be able to prove is that your firearm was operable at the time that you were found with it by the officer. Keep in mind that a Class E felony is at the lower rung of felonies in New York. This means that you wouldn't be sentenced to spend as long in prison as you would if you were charged with a felony of a higher class. However, an attorney would still be beneficial to have when you go to court so that you understand the charges and the sentence that you're given and so that you have someone who can advise you as to whether you should accept a plea by the prosecution or go to trial. Don't deal with New York criminal Possession of a Firearm (NY PL 265.01-b(1)) alone. Speak to the Spodek Law Group today.

Criminal Possession of a Firearm in New York

In an attempt to further toughen gun laws that New York is known for, a new law was passed in 2013 that allows prosecutors and law enforcement officials to file illegal gun possession offenses as a felony or misdemeanor. Due to this law, former misdemeanor charges are now filed as felonies, which is why it is crucial for those facing a possession of a firearm charge to seek legal counsel. When an individual knowingly possesses a working firearm, which could include a rifle, shotgun, or assault weapon, without a valid license, it is considered a Class E felony under New York Penal Law 265.01-b(1). Those convicted of a felony for a criminal possession of a firearm could face one to four years in prison as well as a fine up to ,000. If an individual is charged with a misdemeanor criminal possession of a firearm, he or she could face one year in jail and a fine up to $1,000. Although it is rare, first time offenders will sometimes be charged with a misdemeanor. When an indiviudal in New York fails to properly register a firearm, he or she may also be charged with a Class E felony according to New York Penal Code 265.01-b(2). This conviction will pose the same penalties as a 265.01-b(1).

The Elements Surrounding a Felony Criminal Possession of a Firearm in New York

For an individual to be found guilty of a felony possession of a firearm charge, a prosecutor must prove beyond a reasonable doubt that the individual knowingly committed the following:

• Had a firearm in his or her possession on a certain date in a county in New York;
• Had a firearm on his or her possession that was operable.

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

An individual charged with criminal possession of a firearm will face a class E felony conviction, which is considered the least severe felony in New York. Those convicted of this charge could face the following consequences:

• A fine of up to $5,000
• One to four years in prison

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Under certain circumstances, New York law allows an alternative definite sentence for those convicted of a Class E felony, but these individuals must be first-time offenders. Furthermore, the court may impose a fixed term sentence of less than one year, but this is only applicable after the court considers the circumstances and nature of the offense as stated in New York law. The court will also take into consideration the character and history of the individual who was charged. However, it is important to note New York rarely grants an individual charged with criminal possession of a firearm or any other weapon offenses with an alternative definite sentence. If an individual has a gun license that was issued in another state, New York will not recognize the license as valid. A gun that is registered outside New York is considered illegal if an individual brings the firearm into the state for any reason. Regardless of if a firearm is stowed away in a locked cased and an individual is traveling through the state, the firearm is still illegal if it isn't properly registered in New York. Even if a gun isn't loaded, it may still result in a felony arrest.

What is the Definition of an Assault Weapon in New York?

New York's definition of an assault weapon is complex and is explained in New York Penal Law 265.00(22). Under this law, a firearm doesn't need to be loaded but must be operable. To be considered operable, the firearm has to be capable of discharging ammunition. However, previous circumstances, which involved a possession of a firearm, have conclusively proven that an individual does not need to know if the firearm was operable to be charged. According to New York laws, "possess" is defined as having physical possession or exercising dominion of tangible property and could be actual or constructive. If a law enforcement official discovers a firearm on an individual and no one else had access to the weapon, it is considered actual possession. If more than one individual has access to a firearm, which could occur if the weapon was in an automobile or home, it is considered constructive possession.

The Importance of Obtaining an Experienced Attorney for a Possession of a Firearm Charge in New York

Those who were arrested for a felony criminal possession of a firearm in New York should contact a knowledgeable criminal defense lawyer to provide assistance with the legal process. An experienced defense attorney understands the importance of properly investigating each client's case to establish aggressive defense strategies that will increase the chances of a positive outcome.