Criminal Possession of a Weapon in the First Degree – NYPL § 265.04

Criminal Possession of a Weapon in the First Degree - NYPL § 265.04

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Being charged under New York Penal Law § 265.04: Criminal Possession of a Weapon in the First Degree, carries severe legal consequences, including the possibility of a lengthy prison sentence and substantial fines. A conviction can profoundly impact one’s personal and professional life.

Our New York criminal defense attorneys at Lebedin Kofman LLP are dedicated to defending individuals facing such serious charges. We provide personalized legal strategies, thorough investigation, and steadfast advocacy to protect our clients’ rights. If you or someone you know is confronting such charges, consulting with the legal team at Lebedin Kofman LLP is a prudent step toward safeguarding your future.

Related Offenses

Criminal Possession of a Weapon in the Second Degree – NYPL § 265.03

Elements and Definitions

Under New York Penal Law § 265.04, an individual commits criminal possession of a weapon in the first degree if they:

Possess any explosive substance with the intent to use it unlawfully against another person or property.
Possess ten or more firearms.

This offense is classified as a class B felony.

Consideration	Details
Explosive Substance	Not explicitly defined in Penal Law; courts interpret it based on common understanding (e.g., People v. Cruz).
Presumption of Unlawful Intent	Possession without a license under Penal Law § 265.15(4) suggests intent to use unlawfully, but the jury is not required to infer it.
Operability	Firearms must be capable of discharging ammunition; defendant’s awareness of this is not required.
Firearm Definition	Penal Law § 265.00(3) includes pistols, revolvers, short-barreled shotguns/rifles, modified weapons under 26 inches, and assault weapons.

Key Considerations

Definition of “Explosive Substance”: While the Penal Law does not explicitly define “explosive substance,” courts have interpreted it according to its common understanding. For instance, in People v. Cruz, the Court of Appeals stated that terms like “explosive substance” are “susceptible of reasonable application in accordance with the common understanding of men.”
Presumption of Unlawful Intent: Under Penal Law § 265.15(4), possession of an explosive substance by an individual who is not licensed or authorized to possess it serves as presumptive evidence of intent to use it unlawfully against another person or property. This means that if the prosecution establishes knowing possession of an explosive substance without proper authorization, the jury may infer unlawful intent, though they are not required to do so.
Operability: The firearms in question must be operable, meaning they are capable of discharging ammunition. However, the defendant’s knowledge of the operability is not a requisite for possession charges.
Definition of “Firearm”: Per Penal Law § 265.00(3), a “firearm” includes:
- Any pistol or revolver.
- A shotgun with one or more barrels less than 18 inches in length.
- A rifle with one or more barrels less than 16 inches in length.
- Any weapon made from a shotgun or rifle that has been modified to have an overall length of less than 26 inches.
- An assault weapon.

Notably, antique firearms fall under specific exceptions. Working with a skilled New York attorney can provide clarity on the circumstances in which types of antique firearms and measures of storage are permissible under the law.

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Hypothetical Example

John Doe is found in a storage unit with 12 unregistered handguns. The police were tipped off about suspicious activities at the unit. During the investigation, John admitted that he was holding the guns for a friend but knew they were intended to be sold on the black market. This scenario could lead to charges under NY Penal Law § 265.04 due to the possession of more than ten firearms.

Possible Legal Defenses

Defending charges under Penal Law § 265.04 can involve several strategies, depending on the specifics of the case:

Unlawful Search and Seizure as a Defense

The Fourth Amendment of the U.S. Constitution safeguards individuals against unreasonable searches and seizures. If law enforcement officers obtain evidence through a search that violates these constitutional protections, such evidence may be suppressed, rendering it inadmissible in court. This includes lacking probable cause to believe that a crime was being committed. Additionally, even with a warrant, if law enforcement exceeds the scope of the warrant or conducts the search in an unreasonable manner, it could constitute a violation of the Fourth Amendment.

Duress

The defense of duress involves a situation where an individual commits a criminal act because they are coerced by the threat of imminent physical harm or death. Under New York Penal Law § 40.00, duress can be a valid defense if the defendant engaged in the unlawful conduct because they were compelled to do so by the use or threatened imminent use of unlawful physical force upon them or a third person, which a person of reasonable firmness in their situation would have been unable to resist.

A skilled New York criminal defense attorney can assist in creating a legal defense tailored to the circumstances of your case.

Penalties

New York Penal Law § 265.04, Criminal Possession of a Weapon in the First Degree is classified as a class B violent felony.

This classification carries significant legal consequences upon conviction:

Incarceration: A determinate prison sentence ranging from a minimum of 5 years to a maximum of 25 years. For individuals with a prior felony conviction, the minimum sentence increases to 10 years.
Fines: A fine of up to $30,000 may be imposed.

The designation of this offense as a violent felony underscores the severity with which New York State addresses crimes involving the possession of explosives with unlawful intent or the accumulation of multiple firearms. This classification not only influences sentencing but also affects parole eligibility and future interactions with the criminal justice system.

Given the serious nature of these penalties and the violent felony classification, it is crucial for individuals facing such charges to seek experienced legal counsel to navigate the complexities of the legal system and explore potential defenses.

New York Penal Law § 265.04: Criminal Possession of a Weapon in the First Degree

A person is guilty of criminal possession of a weapon in the first degree when such person:

possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
possesses ten or more firearms.

Criminal possession of a weapon in the first degree is a class B felony.

Experienced Legal Assistance from Lebedin Kofman LLP

Criminal possession of a weapon in the first degree under NY Penal Law § 265.04 represents one of the most serious charges related to firearm possession in New York. It aims to curb illegal weapon trafficking and reduce gun violence by imposing stringent penalties on those found in possession of large quantities of weapons. Legal defenses are available, but they require a nuanced understanding of the law and skilled legal representation.

Our Manhattan criminal defense attorneys at Lebedin Kofman LLP are committed to providing robust defense strategies tailored to the unique circumstances of each case. With a deep understanding of New York’s legal system, we work diligently to protect our clients’ rights throughout the legal process. Our comprehensive approach includes thorough investigation, critical analysis of evidence, and strategic advocacy, all aimed at achieving the most favorable outcomes for those accused of serious offenses. If you or a loved one is facing such charges, get experienced assistance today.

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