Facing Criminal Possession of a Weapon 3rd Degree Charges in New York?
Are you being prosecuted for criminal possession of a weapon in the third degree in New York? Learn more about why your defense must begin now.
Criminal Possession of a Weapon in the Third Degree is a serious felony offense in New York. There are numerous provisions in New York Penal Law section 265.02 under which a person can be charged with this crime, and several of those provisions will depend on an individual’s specific criminal history.
Defaced or Filed Serial Number Guns
Under New York law, if a person unlawfully possesses a firearm, they can be charged with Criminal Possession of a Firearm, New York Penal Law § 265.01-b, a class E felony. However, if that gun has been defaced, filed, or scratched in an attempt to conceal the serial number, or any other identifying part of the gun, then the charges can be enhanced to a criminal possession of a weapon in the third degree charge, punishable by seven years’ imprisonment.
Possession of Multiple Guns or Qualifying Conviction with Gun Outside Home or Place of Business
A person can be charged with Criminal Possession of a Weapon in the Third Degree if they possess three or more firearms. Alternatively, if a person is found in possession of a gun outside of their home or place of business, and has been convicted of a felony or A misdemeanor offense within five years of the current offense date, that person can be charged with Criminal Possession of a Weapon in the Third Degree.
The “Bump-Up” Rule
Ultimately, the “bump-up” rule means that an individual is guilty of PL 265.02(1) when he or she violates specific subsections of Penal Law section 265.01, Criminal Possession of a Weapon in the Fourth Degree, a lesser misdemeanor, and have previously been convicted of any crime.
Often referred to as the CPW “bump-up” rule, if you violate section (1) or (2) of Criminal Possession of a Weapon in the Fourth Degree and you have ever been convicted of any other crime, that previous criminal conviction can be relied upon by prosecutors to elevate the new charge from what would normally be an "A" misdemeanor punishable by up to one year in jail to this felony punishable by up to seven years in state prison.
Penalties and Sentencing
Third Degree Criminal Possession of a Weapon is one of the charges with perhaps the most varied results between individual cases – this is because of the bump-up statutes and criminal history variances that can apply.
A CPW 3rd Degree charge can potentially result in no incarceration because the minimum two years in prison is presumptively mandatory, meaning your counsel can mitigate your conduct with a persuasive argument to the sentencing court.
At the other extreme, a judge can sentence you upon conviction to as long as seven years incarceration. This disparity in punishment and sentencing demands an experienced and knowledgeable attorney in order to limit your exposure.
Your Defense Begins Today
If you are charged with weapons possession in the 3rd 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 third degree.
