NEW YORK CRIMINAL POSSESSION OF A WEAPON – FOURTH DEGREE
Criminal Possession of a Weapon in the Fourth Degree (CPW 4th) is a class “A” misdemeanor in New York punishable by up to one year in jail. There are several ways one can commit the crime of CPW 4th. (There are also exemptions to the statute which will be discussed in future blogs). If you have been charged with a weapons offense, you need experienced criminal defense attorneys to defend you.
One is guilty of CPW 4th if he or she possesses any: (1) firearm; (2) electronic dart gun; (3) electronic stun gun; (4) gravity knife; (5) switchblade knife; (6) pilum ballistic knife; (7) metal knuckle knife; (8) cane sword; (9) billy; (10) blackjack; (11) bludgeon; (12) plastic knuckles; (13) metal knuckles; (14) chuka stick; (15) sand bag; (16) sandclub; (17) wrist-brace type slingshot or slungshot; and (18) shirken or “Kung Fu star”. [See NY Penal Law 265.01(1)].
One is also guilty of CPW 4th if he or she possesses any of the following weapons with
the intent to use it against another unlawfully: (1) dangerous knife; (2) dagger; (3) dirk; (4) razor; (5); imitation pistol; or (6) any other dangerous or deadly instrument or weapon. [See NY Penal Law 265.01(2)].
One is also guilty of CPW 4th if they knowingly possess a firearm, rifle or shotgun in a school or on school grounds including colleges and universities or in a school bus. [See NY Penal Law 265.01(3)]. Further, one convicted of a felony or serious offense may not possess a rifle or shotgun. [See NY Penal Law 265.01(4)]. Nor may a non-citizen possess a dangerous or deadly weapon. [See NY Penal Law 265.01(5)]. One is also guilty of CPW 4th if they have been certified not suitable to possess a shotgun or rifle and refuse to surrender such upon the demand of a police officer. [See NY Penal Law 265.01(6)].
Finally, one is guilty of Criminal Possession of a Weapon in the Fourth Degree if they possess a bullet containing an explosive material designed to explode on impact [See NY Penal Law 265.01(7)] or if they possess armor piercing ammunition with the intent to use it against another unlawfully. [See NY Penal Law 265.01(8)].
As I said above, there are many exceptions to the statute which I will discuss in a future blog. If you have been charged with any weapons offense contact Tilem & Campbell toll free at 1-877-377-8666 or visit us on the web at www.tilemandcampbell.com.