NY Penal Law § 265.13: Criminal sale of a firearm in the first degree

An offense is considered criminal sale of a firearm in the 3rd Degree when an individual is not legally authorized to possess a firearm, and either:

1. sells, gives, or exchanges 10 or more firearms
2. sells, gives, or exchanges 10 or more firearms to one or more persons over a period of not more than a year

Example

An undercover police officer was observing an area known for drug activity saw a man give a woman what appeared to be a marihuana cigarette. The woman lit the cigarette and began to smoke it. The officer arrested both of them. The man was charged with criminal sale of marihuana in the fifth degree while the woman was charged with criminal possession of marihuana in the fifth degree.

Related Offense

1. Criminal possession of a weapon on school grounds: New York Penal Code § 265.01-a

Defenses

If the police uncovered the weapon during a search, one way to defend a charge of criminal possession of a weapon in the fourth degree is to challenge the search that uncovered the weapon as unlawful. There are rules that the police must follow in order to stop and search someone's person or someone's home. If the police do not follow such rules a court may find that the search was unlawful. If that happens the prosecutor may have no choice but to dismiss the case against you.

In addition, if you are able to challenge any of the elements of the crime, then you would be able to weaken the prosecutor's case. For example, under New York Penal Code § 265.01(2) the prosecutor would have to prove that not only that you possessed a prohibited weapon, but also that you had the intent to use it against another person.

Sentence

Criminal sale of a controlled substance in the third degree is classified as a class B felony. This means that if you are convicted you will be sentenced to up to 25 years in prison. If you have no prior felony convictions, then the minimum prison sentence will be 5 years, while if you have a prior conviction the minimum prison sentence will be 10 years. In addition, you may be required to pay a fine of up to $30,000.

New York Penal Code § 265.13: Criminal sale of a firearm in the first degree

A person is guilty of criminal sale of a firearm in the first degree when such person:

1. unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or
2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year.

Contact the Law Offices of Stephen Bilkis & Associates

Defending a sale of a firearm charge is complicated requiring an understanding of complex issues related to evidence as well as understanding possible defenses. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts (link to: http://criminaldefense.1800nynylaw.com/new-york-criminal-court.html) who have been charged with gun crimes, grand larceny, white collar crimes, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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