New York Criminal Possession of a Weapon in the Third Degree (NY Penal Law 265.02)
Criminal Possession of a Weapon in the Third Degree (CPW 3), pursuant to New York Penal Law section 265.02 (NY PL 265.02), is a violent felony punishable from a presumptive two years in prison to a maximum of seven years in prison. Although there a numerous subsections to this statute, the following are the most common crimes prosecuted by law enforcement and handled by New York criminal defense attorneys.
Criminal Possession of a Weapon in the Third Degree – NY PL 265.02(1)
Probably the most commonly prosecuted subsection, one is guilty of NY PL 265.02(1) when one violates specific subsections of New York Penal Law section 265.01 (Criminal Possession of a Weapon in the Fourth Degree) and has previously been convicted of a crime. Often referred to as a "bump up," if you violate sections (1) or (2) of Criminal Possession of a Weapon in the Fourth Degree for possessing a gravity knife or switchblade, for example, and you have ever been convicted of any crime (it does not matter if it was for shoplifting ten years ago), your crime can be "bumped up" by prosecutors from an "A" misdemeanor punishable by up to one year in jail to a felony punishable by up to seven years in prison.
Criminal Possession of a Weapon in the Third Degree – NY PL 265.02(2)
NY PL 265.02(2) is violated where you knowingly possess certain weapons, including any firearm, and that firearm is defaced for the purpose of hiding a crime or misrepresenting the identification of that firearm. Defacing may include modifying, scratching of parts of or the removing of serial or other identifying numbers of a firearm.
Criminal Possession of a Weapon in the Third Degree – NY PL 265.02(5)
If you possess three or more firearms (handgun, pistol, revolver, etc.) without a proper license or you possess a firearm and you have been previously convicted of a felony or a class "A" misdemeanor within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business, you are guilty of this subsection.
As with other offenses involving Criminal Possession of a Weapon, there are numerous other subsections that may be applicable and that are not addressed here. As New York criminal defense lawyers and former Manhattan prosecutors, the attorneys at Crotty Saland PC have seen an overwhelming amount of these crimes in a wide array of circumstances. Whatever subsection or degree of Criminal Possession of a Weapon you are being investigated for or you have already bee charged with, Crotty Saland PC is ready to assess the facts of your case and implement a defense to the charges.
For further information, the New York Criminal Possession of a Weapon section located on Crotty Saland's NewYorkCriminalLawyerBlog.Com is full of information for your review so that you can be armed with a degree of knowledge to better help you communicate with your New York criminal defense lawyer and set your defense into motion.