New York has some of the strictest weapon possession laws in the country, and being charged with a violent weapons offense can pose serious consequences. However, not all weapons-related charges are classified as violent crimes.
The distinction matters because violent felony offenses typically carry harsher penalties. Understanding when a weapons charge qualifies as a violent crime can help to inform your defense strategy.
When is a weapons offense considered a violent crime?
Certain New York weapons offenses are automatically classified as violent felonies. For example, criminal possession of a weapon in the second degree – which involves possessing a loaded firearm at a home or business – may fall under this category. Additionally, possessing a weapon with intent to use it unlawfully against another person is often considered a violent felony.
Why does the classification matter?
The classification of a weapons offense as a violent crime can impact sentencing, if convicted. Violent felony convictions often come with mandatory minimum prison sentences, meaning judges have limited discretion in sentencing.
Unfortunately, a conviction for second-degree criminal possession of a weapon can lead to several years of imprisonment without a sound defense.
Legal defenses and mitigating factors
Those facing weapons charges have several defenses to consider, such as unlawful search and seizure, lack of intent or improper weapon classification. In some cases, negotiating a plea to a lesser charge can help defendants avoid the severe consequences of a violent felony conviction.
Understanding how New York categorizes weapons offenses is crucial for anyone facing such charges. Having experienced legal guidance can help you decide on the best strategy for your unique situation.