Charged with a Weapons Crime?
It can be difficult to know what to do in the instance one is charged with a weapons crime. Weapons charges can come in a variety of severities, going from misdemeanors to felonies, grounded on the evidence of the case and the kind of weapon used.
Dominic Saraceno is ready to help you in your weapons charges defense. With Mr. Saraceno’s extensive knowledge, he’s ready to defend you in New York State or with a Federal Gun charge.
Types of Weapon / Gun / Firearm Crimes under New York Law
Misdemeanor Criminal Possession of a Weapon in the Fourth Degree
Felony Criminal Possession of a Weapon in the Third Degree
Felony Criminal Possession of a Weapon in the Second Degree
Felony Criminal Possession of a Weapon in the First Degree
Felony Criminal Sale of a Firearm in the First, Second and Third Degrees
Criminal Sale of a Firearm with the Aid of a Minor or to a Minor
Trafficking/Distribution
Trafficking/distribution laws are perhaps the most severe of the weapons charges available to law enforcement entities in New York. Illegally distributing firearms of any sort is a serious crime, and can bring a felony conviction in certain circumstances.
Unlawful Use
These weapons charges are becoming more and more prevalent as communities begin to pass laws that outlaw the discharge of weapons in many areas. Depending on the circumstances that surround your situation, you could face a relatively minor sanction or a serious criminal charge, and this depends on the result of your unlawful use of a weapon or weapons.
Unlawful Possession
Weapons charges in regards to unlawful possession can result from many situations, as there are certain people who are not allowed to possess a firearm of any kind and there are other statutes that deal with the type of weapon that is legal to possess. Either of these situations can lead to serious criminal penalties. It’s unlawful for you or any person over the age of sixteen to knowingly possess any sort of weapon, firearm, air-gun or other type of projectile weapon on any school grounds, college or university without written authorization. It is unlawful to possess items such as switchblades, ninja “stars”, nightsticks and many other types of dangerous implements. In many cases it is also unlawful to possess a firearm if you have previously been convicted of a crime. Criminal possession of a weapon is subject to varying degrees of severity. The offense is more severe depending on the nature of the weapon possessed. For example, possessing a machine gun or 10 or more guns is more serious than possessing single shot hunting rifle.
Aggravated or Reckless Discharge
Weapons charges relating to aggravated or reckless discharge of a weapon or weapons can also be extremely serious in nature, as the word ‘aggravated’ means that the defendant was alleged to have discharged his or her weapon in anger or in a manner that was reckless or even depraved, and as a result lives were placed in dange.
Criminal Use of a Firearm
You may be charged with criminal use of a firearm in the second degree if you commit any Class C felony and in the process you possessed a deadly weapon, if the weapon is a loaded weapon from which a shot capable of producing death or other serious injury may be discharged; or if you display what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. This offense is broken into first and second degrees. If you possessed the weapon or displayed the weapon during the commission of a Class B felony, you may be charged with criminal use of a firearm in the first degree.
Criminal Sale of a Firearm
You may not lawfully sell a firearm or possess a firearm with intent to sell it if you are not legally permitted to possess the firearm in the first place. It is also unlawful to exchange, give away or dispose of the firearm to another person. This offense becomes more severe if you sell or dispose of larger amounts of firearms. 5 or more firearms constitutes criminal sale of a firearm in the second degree. 10 or more firearms constitutes criminal sale in the first degree. These offenses are Class D, C and B felonies respectively and can subject you to years in prison.
Assault with a deadly weapon
This offense is a subset of the general crime of assault. If you commit an assault with a deadly or dangerous weapon by way of criminal negligence you may face charges for assault in the third degree. If you actually cause physical harm to the other person by using a deadly or dangerous weapon or implement you may face charges for assault in the first or second degree. Depending on the circumstances the charges may range from a Class A misdemeanor up to a Class B felony.
If you’ve been charged with any of the previously mentioned crimes involving deadly and/or illegal weapons within New York State or in federal court, contact Dominic Saraceno immediately to know your rights and get the representation you need. Call 716-626-7007