Whether it is the result of an arrest or a Desk Appearance Ticket in Manhattan, Brooklyn, Queens, Bronx or Westchester County, one of the most common crimes associated with Criminal Possession of a Weapon handled by New York criminal defense attorneys is the misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree pursuant to New York Penal Law section 265.01 (NY PL 265.01). Punishable by up to one year in jail, this crime, often referred to as CPW 4, comes in two common forms. The first of these violations of New York Penal Law 265.01 is the "per se" offense where the possession of the weapon, no matter its intended use, is automatically a crime. The second violation of this statute occurs where the manner of the instruments use dictates the charge even if the weapon is not an object one would normally consider as such.

New York Penal Law 265.01(1) – The "Switchblade & Gravity Knife Statute"

A person is guilty of Criminal Possession of a Weapon in the Fourth Degree, pursuant to New York Penal Law 265.01(1) when that person possesses certain weapons specified in the statute regardless of that person's intent. In other words, if you possess the following weapons, regardless of weather you possess that "weapon" for work or for self defense, it is automatically punishable by up to a year in jail. These weapons include: gravity knives (knives that flip open with the force of gravity), switchblade knives, electronic stun guns, any firearm (this may also be a felony), metal (including brass) knuckles, chucka sticks, slingshots or slungshots, metal kuckle knives, billies, blackjacks, and other per se weapons. In New York City (Manhattan, Brooklyn, Bronx, Queens, and in Westchester County) the most common violation of this section involves the possession of switchblades knives and gravity knives even where the person has the knife for work purposes.

New York Penal Law 265.01(2)

A person is guilty of Criminal Possession of a Weapon in the Fourth Degree, pursuant to New York Penal Law 265.01(2) when that person possesses a "dangerous instrument" or "deadly instrument" with the intent to use that weapon unlawfully against another person. Unlike 265.01(1) where the weapon in question is automatically a weapon solely based on law, this subsection includes anything that is a "dangerous instrument" or a "deadly weapon" where one, for example, attacks, assaults, threatens or menaces another person while possessing an instrument that could seriously hurt another. These weapons could include a baseball bat, broken glass or even a wire hanger if used in a violent way. It is important to confer with a New York criminal defense attorney when charged with this offense as the instrument itself may not be a weapon, but the manner in which it is used may cause it to be deemed so under the law.

Other Subsections of New York Penal Law 265.01

While significantly less common, other subsections of Criminal Possession of a Weapon in the Fourth Degree due exist. Regardless of what subsection is violated, the potential punishment is an "A" misdemeanor and up to one year in jail.

As New York criminal defense lawyers and former Manhattan prosecutors, the attorneys at Crotty Saland LLP have prosecuted and represented a significant amount of people accused of Criminal Possession of a Weapon in the Fourth Degree. Not only are there serious criminal ramifications, but there are devastating impacts an arrest or even a non–criminal deal could have on your career or livelihood. Make no mistake, before accepting any disposition, you should explore and understand these issues prior to accepting anything from the prosecution. Moreover, it may be that you have a valid defense due to the search of your person or vehicle or that the police inadvertently or intentionally misrepresented that the instrument in question was in fact a weapon.

For further information on crimes relating to weapon possession as well as legal decisions impacting this area of law, please review our New York criminal law blog at NewYorkCriminalLawyerBlog.Com as well as the Criminal Possession of a Weapon section.