Charges for Carrying a Concealed Weapon Without a Permit

The State of New York makes it possible for individuals to carry concealed weapons as long as they have obtained a permit and obey all concealed carry laws. The charges for carrying a concealed weapon without a permit can bring charges ranging from a misdemeanor crime to felony crimes. These charges are officially called Criminal Possession of a Weapon. They are penalized in accordance with the type of weapon you are carrying and if additional charges are brought for using that weapon in the course of committing a crime. 

 

Criminal Possession of a Weapon in the Fourth Degree 

You can be charged with Criminal Possession of a Weapon in the Fourth Degree if you are caught with any of the following weapons: 

 

  • Firearms 
  • Stun guns 
  • Dart guns 
  • Billy clubs 
  • Knives  
  • Cane swords 
  • Bludgeons 
  • Blackjacks 
  • Chukka sticks 
  • Slingshots 
  • Throwing stars 

This charge is a Class A Misdemeanor that carries a penalty of three years probation or one year in jail. Additionally, there is a fine assessed of up to $1,000.  If you are a first offender, you can receive a sentence of up to one year in jail. 

 

If the charges occur when you are on school grounds, the charges are further criminalized to a Class E Felony. This also applies to possession of a firearm. A Class E Felony carries a penalty of one to five years in jail, three years probation, and a fine of $1,000. 

 

Criminal Possession of a Weapon in the Third Degree 

You can be charged with Criminal Possession of a Weapon in the Third Degree if you are charged with possession of a weapon of any kind, and you have a criminal conviction on your record. The charge is also brought if you are in possession of: 

 

  • Any sort of explosive or incendiary device. 
  • Any unloaded firearm when used in a violent offense or a narcotics-related offense. 
  • Assault weapon 
  • Three or more firearms outside of your place of business or your home. 

This charge is a Class D Violent Felony which carries a penalty of a minimum of probation and a maximum of two to seven years in prison. First offenders can receive a minimum of two years in prison with a maximum of seven years. 

 

Criminal Possession of a Weapon in the Second Degree 

You can be charged with Criminal Possession of a Weapon in the Second Degree if you are found in possession of a loaded firearm that you have intent to use against another person. This charge can also be brought against you if you are in possession of a machine gun or a disguised gun. This serious charge is a Class C Violent Felony which carries a penalty of three to fifteen years in prison. First offenders can receive a minimum sentence of three and a half years and a maximum sentence of fifteen years in prison. 

 

Criminal Possession of a Weapon in the First Degree  

Criminal Possession of a Weapon in the First Degree is a serious charge that is brought when in two situations. This charge applies if you are alleged to possess an explosive substance that you have intent to use. This charge also applies if you are accused of possessing ten or more illegal firearms.  This charge is a Class B Felony which carries a penalty of eight to twenty-five years in prison. First offenders can receive a minimum sentence of five years in prison with a maximum sentence of twenty-five years. 

 

If you are charged with any of these weapons charges, you will need the representation of an experienced attorney. Norman Mattar has the experience you need with these charges.  If you need a free consultation about your concealed weapons charges, you can contact us today for a free consultation.