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Schenectady Weapons Possession Attorney

Charged with a Gun Crime? We’ve Got Your Back.

Weapon possession crimes are punished particularly harshly in New York, as they are among the handful of crimes that are punishable with mandatory minimum sentences. Weapons crimes are generally committed with other offenses, such as drug trafficking and violent crimes, which can add up to substantial legal consequences when combined. Nonetheless, the consequences for a weapons crime alone are damaging enough.

Weapons possession crimes are charged as misdemeanors or felonies, although, most criminal weapons possession crimes are classified as felonies in New York. For serious charges like these, you need serious legal defense, which is why you can count on our Schenectady weapons possession lawyer to fiercely defend your freedom. When you hire us, we can build a high-caliber defense strategy on your behalf, negotiate for reduced or dismissed charges, and walk you through every detail of your case and the criminal court system altogether.

Get comprehensive legal representation today. To get started, contact us online or at (518) 299-0314!

Criminal Possession of a Weapon in the First Degree

Of all weapons possession crimes you can be accused of, criminal possession of a weapon in the first degree is the worst of them. If convicted of this class B felony, you’re looking at 10 to 25 years in prison. With that being said, a person is guilty of criminal possession of a weapon in the 1st degree when they possess 10 or more firearms or possess any explosive substance with intent to use it unlawfully against a person or someone’s property.

Criminal Possession of a Weapon in the Second Degree

A person is guilty of criminal possession of a weapon in the second degree when they possess one or more of the following weapons with intent to unlawfully use such weapon(s) against another:

  • Machine-gun
  • Loaded firearm
  • Disguised gun
  • 5 or more firearms
  • Any loaded firearm

A conviction for this class C felony offense is punishable by up to 15 years in prison.

Criminal Possession of a Weapon in the Third Degree

A class D felony, a person may spend up to 7 years in prison for criminal possession of a weapon in the 3rd degree if they do one or more of the following:

  • Commit criminal possession of a weapon in the 4th degree and have a previous criminal conviction
  • Possess any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun, or any other firearm or weapon simulating a machine gun
  • Knowingly possess a defaced machine-gun, rifle, or shotgun for the purpose of concealment or misrepresentation of such
  • Possess 3 or more firearms or possess a firearm outside of a victim’s home or business and has been previously convicted of a felony or class A misdemeanor within 5 years of the offense
  • Knowingly possess a disguised gun
  • Possess an assault weapon
  • Possess an unloaded firearm and commits a felony drug trafficking offense
  • Possess a large capacity ammunition feeding device after 2013

Criminal Possession of a Weapon in the Fourth Degree

Criminal possession of a weapon in the 4th degree is a class A misdemeanor punishable by up to 1 year in jail or 3 years of probation and/or a $1,000 fine. With this in mind, criminal possession of a weapon in the fourth degree occurs when a person possesses certain dangerous or deadly weapons or instruments with the intent to use them unlawfully against another. Those weapons and instruments include, but are not limited to:

  • Firearm
  • Electronic dart gun
  • Electronic stun gun
  • Switchblade knife
  • Cane sword
  • Plastic knuckles
  • Metal knuckles
  • Imitation pistol
  • Dagger
  • Machete
  • Razor

A person can also get charged with 4th degree criminal weapon possession if they:

  • Possess a rifle, shotgun, antique frame, black powder rifle or shotgun, or any muzzle-loading firearm and have been convicted of a felony or serious offense
  • Are not a US citizen and possess any dangerous or deadly weapon
  • Knowingly possess a bullet containing an explosive substance
  • Possess any armor-piercing ammunition with intent to use it unlawfully against another
  • Are deemed unsuitable to possess a rifle or shotgun and refuse to give up such weapon upon a police officer’s demand

Criminal Possession of a Firearm

A person can get charged with criminal possession of a firearm — a class E felony — if they do one or more of the following:

  • Possess any firearm
  • Lawfully possessed a firearm prior to 2013 and knowingly fail to register their firearm

If convicted of criminal possession of a firearm in New York, jail time could range from 1.5 to 4 years.

Powerhouse Defense Is Just a Phone Call Away

With so much on the line, you need a lawyer who will go the distance to help prevent a bad situation from getting worse. It is important for your attorney to focus on minimizing the impacts of your case while maximizing your chances of achieving a favorable outcome, and for these reasons, you can depend on our Schenectady weapons possession attorney to champion your best interests from start to finish.

Wait no longer to begin your fight for freedom. Contact our firm at (518) 299-0314 today!

The Benefits of Having Our Team in Your Corner

  • Experience

    Collectively, we've been practicing law for over 150 years and have been named among the most experienced law firms in the Capital Region Business Review.

  • Trial Lawyers

    We've had extensive trial experience with all types of personal injury cases, recovering millions for our clients in both settlements and verdicts.

  • Peer Recognition

    Other attorneys come to us for counsel, as we teach numerous seminars and conferences each year.

  • 24/7 Availability

    We are wholly dedicated to our clients' needs, offering availability 24/7 to take care of any legal matters.