Facing Criminal Possession of a Weapon 4th Degree Charges in New York?

Illegal Possession in and of Itself

A very common charge, criminal possession of a weapon in the fourth degree lists various different weapons that are considered illegal for a person to possess in New York City. Some of these items include:

• Firearms, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy club, blackjack, bludgeon, plastic knuckles, metal knuckles, chukka stick, sand bag, sandclub, wrist-brace type sling shot or slungshot, shirken or “Kung Fu star.”

As it pertains specifically to firearm possession, pursuant to New York Penal Law §265.00, a firearm is defined as:

• (1) any pistol or revolver,
• (2) a shotgun having one or more barrels less than 18 inches in length,
• (3) a rifle having one or more barrels less than 16 inches in length,
• (4) any weapon made from a shotgun or rifle which has a length of less than 26 inches, and
• (5) an assault weapon.

Illegal Possession if Intent to Use Unlawfully

Criminal Possession of a Weapon in the Fourth Degree has a second list of weapons in which the possession of the item itself is not outright illegal, however when this object is intended to be used unlawfully against another, an individual can be charged with this penal law subsection. Hence, if a person intends to use an object to cause harm to another or to threaten harm, possession of that object becomes criminal.

By law, if an individual possesses a dagger, dangerous knife, dirk, razor, stiletto, imitation pistol or any other dangerous or deadly instrument or weapon with the intent to use the same unlawfully against another, then they are in violation of PL §265.01, Criminal Possession of a Weapon in the Fourth Degree.

Examples and Recent Cases

Our office has handled numerous criminal possession of a weapon in the fourth degree charges. One common example occurs when an individual is traveling through an airport and has in their bag a gravity knife or switchblade knife. This possession is per se illegal and will result in an airport arrest and a CPW 4th Degree charge. We have had success in negotiating these charges down to a dismissal or an adjournment in contemplation of dismissal (ACD) with the Queens District Attorney’s office.

There are a variety of defenses that an attorney in New York City may use against a fourth-degree criminal possession of a weapon charge. Sometimes, the search and seizure that led to the discovery of the weapon can be challenged at a suppression hearing, with evidence being thrown out by a judge due to a faulty and unconstitutional search. Further, if the object is only deemed illegal due to an intent to use, experienced defense lawyers can poke holes at the government’s burden as it pertains to proving such intent beyond a reasonable doubt.

Penalties and Sentences

Criminal Possession of a Weapon in the Fourth Degree is a class A misdemeanor punishable by up to one year in jail. Because this statute is so broad in the types of weapons it criminalizes, the charge is often added on in cases where more serious dangerous object possession felonies are charged.

Beyond potential jail time, an A-misdemeanor conviction is something that will undoubtedly show up on an individual’s background check when that person is in the job market or applying for school. The conviction itself can also have immigration consequences for those who are not United States citizens.

Your Defense Begins Today

If you are charged with weapons possession in the 4th degree, it is important that you have a former prosecutor and criminal defense attorney who has experience in handling these cases on both sides of the aisle. Please contact The Law Offices of Jason Goldman today if you are being charged with criminal possession in the fourth degree.