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New York Penal Code § 265.05: Unlawful possession of a weapon upon school grounds

New York Penal Code § 265.05: Unlawful possession of a weapon upon school grounds

In New York, a weapon could be anything that could cause harm to another person. While most people think of a gun when they imagine a weapon being used, a knife or other object that could cause harm can be considered as well if you are charged with the crime of unlawful possession of a weapon upon school grounds. In this instance, the weapon is defined as a gun of any kind including air guns and spring guns. If you are on school grounds for any reason in New York, it is against the law to have any of these weapons on your person. You will likely be charged if you’re at least 16 and possess this kind of weapon knowingly, are on the premises of an educational building including a college or university, and you don’t have the permission to be on the premises of the educational facility.

A few teenagers could be on a field located near a college. There is a forest near the field that is the property of the county and not the college. While the teens were on the field, they were using BB guns to shoot a group of cans. Security guards on the property of the college reported the teens to the local police department. Officers arrived on the scene and arrested the teenagers. It’s not clear at the time that the teenagers committed a crime because of their location. They could be charged if they were over 16 and were on the property of the college instead of on the property owned by the county.

There are specific definitions as to the kind of weapon that someone must have when they are charged with unlawful possession of a weapon upon school ground. Once the weapon is examined and it’s determined that it does not involve certain propelling actions, such as air or a spring, then the charge could be different. This is one of the common defenses that are used in court for those who have been charged with this crime.

If you are charged with this crime, then it’s considered a violation instead of a misdemeanor of a felony. If the weapon is any other kind of gun or a different type of weapon, then the charges and the sentence could be more severe. For this crime, you would usually spend no more than 15 days in jail. If you have a clean criminal background, then an attorney can often get the charge dismissed or reduced so that you don’t spend time in jail. However, you will likely receive some kind of punishment for the actions that you committed, such as probation or community service. The conviction typically doesn’t appear on your criminal record because it’s a violation and not anything higher. Keep in mind that there are age limits as well as boundaries as to where you must be located on the property in order to be charged with the specific violation.

In the event that you’ve been charged with this crime, you should consult with an attorney who can offer the assistance that you need to possibly stay out of jail. Even though you’re not charged with a misdemeanor or a felony, you need to consider the violation very serious because of the ramifications associated with the charge. It’s possible that the prosecution could decide to charge you with other crimes since you had a weapon on school grounds, which could lead to a misdemeanor or a felony. An attorney can offer the evidence about the type of weapon you had as well as your exact location to the court to show that you didn’t commit other crimes at the time.

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