In certain cases, a person who has a weapon may be charged with criminal possession of a weapon in the 4th degree, which is a class A misdemeanor offense in New York. In some cases, possessing a weapon that has been deemed prohibited in the state will give rise to such charges, while in others, certain classes of people are themselves prohibited from possessing legal ones as well.
Prohibited weapons include such things as switchblades, gravity knives, cane swords, metal or plastic knuckles and shurikens, among others. People may also be convicted of the offense for being in possession of a firearm. People may also be charged if they possess weapons that would otherwise be legal, such as a razor, knife, stiletto or imitation gun if they intend to use it in a manner to harm someone else.
Classes of people who are prohibited from possessing weapons include people with prior felony convictions as well as people who are not U.S. citizens. Additionally, people who have been deemed to be mentally ill are also prohibited from possessing weapons. Other covered offenses include possessing a bullet that is designed to explode on impact as well as possessing armor-piercing bullets.
When people are charged with criminal possession of a weapon or other weapons crimes, they may face the possibility of lengthy incarceration as well as fines. People may benefit by retaining the services of a criminal defense attorney who can carefully review the evidence and then identify any constitutional or other problems with the state’s case. In cases in which a conviction is likely to happen, an attorney may be able to secure a favorable plea arrangement with the prosecutor.