NY Penal Law § 265.19: Aggravated criminal possession of a weapon

The New York Penal Code has several offenses that make it illegal to possess a variety of types of weapons as well as firearms. Generally, if you possess a weapon such as a gun, firearm, razor, switchblade or explosive substance with an unlawful intent to use such weapon against another person, you would have committed a crime. Under New York Penal Code § 265.19, if you commit the crime of criminal possession of a weapon in the second degree and also do commit a felony, then you will be charged with aggravated criminal possession of a weapon.

Under New York Penal Code § 265.03 criminal possession of a weapon in the second degree is defined as possessing a machine gun, a loaded firearm, a disguised gun with the intent to use it in an unlawful manner, or possessing 5 or more firearms.

The police receive a tip that a large amount of cocaine was being stored in a warehouse. The police stake out the warehouse. They observe a man enter the warehouse and leave carrying a small package. Upon following the man they observed him give the package to a woman in exchange for what appeared to be cash. Upon arresting both the man and the woman, the police discovered that the package contained cocaine and that the man was carrying a loaded firearm. If the package contained at least .5 ounces of cocaine, the man could be prosecuted for felony criminal sale of a controlled substance in the second degree. Because he also was in possession of a loaded firearm, he could be prosecuted for aggravated criminal possession of a weapon.

1. Criminal possession of a weapon in the second degree: New York Penal Code § 265.03
2. Criminal use of a firearm in the second degree: New York Penal Code § 265.08

Because the aggravated criminal possession of a weapon involves the commission of at least 2 crimes, the prosecutor must prove the elements of both crimes. For example, if you are accused of criminal sale of a controlled substance in the second degree, the prosecutor must have evidence that you sold or attempted to sell the particular type of drug and the amount of drug that the statute requires. The prosecutor must also show evidence that at the time of the drug sale or attempted sale you also possessed a machine gun, a loaded firearm, a disguised gun, or 5 or more firearms. If the prosecutor is unable to do so then the prosecutor will have a tough time convicting you of aggravated criminal possession of a weapon.

Because aggravated criminal possession of a weapon is a class C felony, if you are convicted your possible sentence will be up to 15 years in prison. This crime is also considered a violent felony offense. This means that the judge will be required to sentence you to at least 3 1/2 years even if it is your first offense. However, if you do have a prior felony offense or if there are additional aggravating factors, then your sentence will be me more than 3 1/2 years. Furthermore, after your release from prison you may be required to serve a term of post-release supervision.

In addition there will be financial consequences for a conviction of aggravated criminal possession of a weapon. There are mandatory fines, and you will also have to pay a fine of up to $15,000.

A person is guilty of aggravated criminal possession of a weapon when he or she commits the crime of criminal possession of a weapon in the second degree as defined in subdivision three of § 265.03 of this article and also commits any violent felony offense as defined in subdivision one of § 70.02 of this chapter or a drug trafficking felony as defined in subdivision twenty-one of § 10.00 of this chapter arising out of the same criminal transaction.

Because a charge of aggravated criminal possession of a weapon involves at least 2 crimes, if you are convicted there is a good possibility that you will be sentenced to a lengthy prison sentence. In order to get the best outcome possible given the facts of your case it is important for you to be represented by someone who has experience. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts 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.