The penalties for gun crimes in New York are increasingly severe as time goes by. Gun laws are very complex. If you are convicted of a gun crime, you are facing serious consequences, most of which are criminal charges that can drastically impact your future. Most gun crimes are misdemeanors or felonies. People who have been charged with a gun crime must consult with a Nassau County criminal defense attorney who is well-versed in New York laws and can effectively represent their needs. If you need a legal team that can fight your criminal charges, you should contact KCS Law immediately.
Categorizing gun crimes
If you are charged with a gun crime, you face a wide variety of consequences that depend on the severity of your crime and whether you are facing misdemeanor or felony charges. In most cases, these offenses come with a potential term of incarceration and a criminal record. Below are some of the gun crimes recognized by New York State law.
Class B Misdemeanor
- Certain non-firearm weapons offenses, like possession of prohibited knives or devices, may be charged as a class B misdemeanor, depending on the item involved in the offense
Class A Misdemeanor
- Criminal Possession of a Weapon in the Fourth Degree (NY Penal Law § 265.01)
- Unlawful Possession of a Large Capacity Ammunition Feeding Device (NY Penal Law § 265.36)
- Failure to Safely Store a Firearm (NY Penal Law § 265.45)
- Certain Injuries Caused by Weapons Must Be Reported (NY Penal Law §§ 265.25, 265.26)
Class E Felony
- Criminal Possession of a Weapon on School Grounds (NY Penal Law § 265.01-a)
- Criminal Possession of a Firearm (NY Penal Law § 265.01-b)
Class D Felony
- Criminal Possession of a Weapon in the Third Degree (NY Penal Law § 265.02)
- Criminal Sale of a Firearm in the Third Degree (NY Penal Law § 265.11)
Class C Felony
- Criminal Possession of a Weapon in the Second Degree (NY Penal Law § 265.03)
- Criminal Use of a Firearm in the Second Degree (NY Penal Law § 265.08)
- Criminal Sale of a Firearm in the Second Degree (NY Penal Law § 265.12)
- Aggravated Criminal Possession of a Weapon (NY Penal Law § 265.19)
Class B Felony
- Criminal Possession of a Weapon in the First Degree (NY Penal Law § 265.04)
- Criminal Use of a Firearm in the First Degree (NY Penal Law § 265.09)
- Criminal Sale of a Firearm in the First Degree (NY Penal Law § 265.13)
New York firearm laws are strict
New York imposes some of the strictest firearm laws in the country. As such, in addition to facing criminal charges for any of the aforementioned offenses, you may also face
- Charges under the SAFE Act, which limits certain semi-automatic weapons and magazine capacities
- Charges for possession of a firearm without the required New York license
- Enhancements for possession of a firearm during the commission of a felony
- Court-ordered surrender of firearms under the Extreme Risk Protection Orders (ERPO)
How a gun crime can escalate a criminal charge
Possessing a gun in the commission of another crime can escalate your legal situation. For example, if you have a gun or weapon during an assault, the presence of the weapon can result in the creation of an additional weapons charge. If a weapon is displayed during a theft offense involving the use or threat of force, it can be charged as robbery, which is a violent felony offense.
Contact a Long Island gun crime attorney to fight for you
If you are facing a gun crime charge, you need an effective attorney to guide you through your legal matter and passionately advocate on your behalf. KCS Law understands the severity of these charges, which is why we can review the circumstances of your case to determine the best course of action to help you fight these charges. We have helped individuals facing gun crimes across Long Island for years, and we are ready to do so for you, too. If you need our quality legal services regarding gun crimes, contact KCS Law today.
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