New York Penal Code § 265.01: Criminal possession of a weapon in the fourth degree

The state of New York takes possession of weapons very seriously. Overall, there are many different charges that are associated with possessing a weapon illegally. One of the least serious weapon possession charges in New York is criminal possession of a weapon in the fourth degree, which is a misdemeanor.

The crime of criminal possession of a weapon in the fourth degree is relatively broad and can include a variety of different situations. Those that possess a razor or dagger and intend to use it violently could be charged with this crime. Another common reason why someone could be charged with this crime would if you own an explosive that is designed to detonate upon impact or if you have armor-piercing rounds. Those that have been convicted of a felony or are no longer considered suitable to have a weapon, could also be charged with criminal possession of a weapon in the fourth degree if they have any type of weapon on hand.

Example of Crime
There are many different examples that could fit under the definition of criminal possession of a weapon in the fourth degree. One example is if a former police officer is found to have armor-piercing rounds and an assault rifle. While they may have been able to possess these weapons for a time, no longer being employed in this role could take away this right. Therefore, they could be found guilty of criminal possession of a weapon in the fourth degree.

Related Offenses
Since criminal possession of a weapon in the fourth degree is a relatively broad crime, there are many different crimes that are related to it. One of the most common similar crimes is criminal possession of a firearm, which is a more serious charge. It is possible to be charged with both of these crimes at once.

Defense Strategies
If you have been charged with criminal possession of a weapon in the fourth degree, there are a variety of ways that you can go about fighting the charge. The way that you can fight the charge will be based on why you were charged. In some examples, you may be legally able to hold the weapon, but could be suspected to having malicious intent. In these situations, you can fight to prove that you did not intend to use it for a violent purpose.

Another way to fight criminal possession of a weapon in the fourth degree is to claim that there was illegal search and seizure. Many people that are charged with criminal possession of a weapon in the fourth degree will have a weapon found in their car or home. If the police officer did not have your approval or a warrant to search you home, gaining the evidence would be illegal. Those that are looking to fight the charge could have the entire evidence thrown out in this situation.

Sentencing
If you are charged with criminal possession of a weapon in the fourth degree, it could come with serious penalties. In a worst-case situation, you could be sentenced to up to one year in jail. However, most people that are charged with this crime will only get a probationary sentence. If you have been charged with this crime int he past, you will likely face a higher penalty than someone that has a clean record.

If you have been charged with criminal possession of a weapon in the fourth degree, it is important that you get the criminal defense and support that you deserve. While it may not seem like a serious charge, it is important that you follow a good strategy to defend it to make sure that your penalty is limited. A quality defense attorney could help you to get the charges tossed out entirely.

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