Criminal Possession of a Weapon

Practice Areas

Under New York law, “weapon possession” is not limited to guns—it can include knives, stun guns, batons, or other dangerous or deadly instruments.

The statute covers individuals who knowingly possess a “weapon” or “dangerous instrument” (as defined in the Penal Law) under circumstances the law forbids, even if no violence occurs.

Because of New York’s broad definitions, many seemingly “low-level” items—such as certain knives or stun devices—may trigger criminal exposure under the law.

Degrees of Weapon Possession: Severity & Risk

Fourth Degree — Misdemeanor

Under New York Penal Law § 265.01, a person can be charged with Criminal Possession of a Weapon in the Fourth Degree when they “knowingly” possess:

A broad list of weapons or dangerous instruments—e.g., knives (switchblades, daggers, machetes), metal knuckles, stun guns, batons, blunt instruments, or other weapons defined by law; or
A firearm, in many circumstances—even if the firearm is unloaded or in certain restricted, sensitive locations.

Penalties: As a Class A misdemeanor, a conviction can bring up to 1 year in jail (county or city), probation, fines, possible community service, and a permanent criminal record—with collateral consequences for housing, employment, immigration, or travel. Because the statute can apply to a wide variety of items—not just firearms—many “everyday” arrests under this law can stem from possession of knives, stun devices, or items found during a traffic or pedestrian stop.

Higher-Degree Possession — Felony Offenses

When additional aggravating circumstances exist, weapon possession can escalate to a felony offense under these statutory provisions:

New York Penal Law § 265.02 — Criminal Possession of a Weapon in the Third Degree: This may apply when the person has a prior conviction and possesses a non-firearm, possesses multiple firearms, illegally possesses a “defined weapon” (e.g., explosives, silencers, machine guns), or unlawfully possesses a defaced or disguised firearm.
New York Penal Law § 265.03 (and above) — Second Degree, First Degree, etc.: These higher-level charges apply in particularly serious cases—e.g., possession of a loaded firearm, a machine gun, or possession with intent to use unlawfully; possession of many firearms; or possession of explosives or other especially dangerous instruments.

Felony-level weapons charges carry significantly harsher penalties, including minimum and longer state prison sentences, greater restrictions on firearms rights post-conviction, and more severe collateral consequences.

Why Representation Matters

A weapon possession charge can threaten your freedom, immigration status, employment, and future opportunities. Our firm provides aggressive and strategic defense in all firearm and weapon cases. We analyze every detail—how the police acted, how the weapon was recovered, and whether the prosecution can meet its burden of proof. Our goal is to achieve the best possible outcome, whether through dismissal, charge reduction, or a favorable resolution while using all defense options.

THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.

FAQS

Frequently Asked
Questions

Lo Piccolo Law
is dedicated
to protecting your rights, your freedom,
and your future at
every stage of
your case.

What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

What do I do if I have a warrant?

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

How can I find my next court date?

Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.

Where are the Courts Located?

New York State Courts, as well as local village courts can be found at: LINK

Federal Courts can be found https://www.uscourts.gov/

How do I schedule a Jail visitation?

For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.

For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information

There are rules for each visit so please review them when preparing
to visit a loved one or friend.

How do I add money to an inmate’s commissary and what items can I mail to the Jail?

For Nassau County Jail: LINK

For the Suffolk County Jail: LINK

How do I pay Court imposed Fines and Surcharges?

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

What is the difference between a Felony and a Misdemeanor?

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

What is Bail and How can Bail be posted?

What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).

Get In Touch With Us

location

666 Old Country Road,
Suite 207
Garden City, NY 11530

call us

(516) 408-3666

Email Us

Office@JLPNYLAW.com

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