Criminal Defense

Weapons Charges

Charged with a weapon offense in New York? Criminal possession of a weapon ranges from a Class A misdemeanor (Penal Law § 265.01) to a violent Class C felony (§ 265.03). New York’s firearm-licensing rules are strict and changed after recent court rulings. We defend weapon charges across NYC, Long Island, and Upstate.

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Overview

What you need to know about Weapons Charges.

The basics, what we do, and the issues we see most.

How serious is a weapons charge in New York?

Quick Answer

New York treats weapon possession seriously under Penal Law Article 265. Criminal possession of a weapon in the fourth degree (§ 265.01) is a Class A misdemeanor. Criminal possession of a firearm (§ 265.01-b) is a Class E felony. Criminal possession of a weapon in the third degree (§ 265.02) is a Class D felony, and second degree (§ 265.03) — often charged for a loaded firearm outside the home or business — is a violent Class C felony carrying a mandatory minimum. Charges frequently turn on licensing, location, and whether the firearm was loaded and operable.

Services we offer for Weapons Charges.

We defend weapon-possession charges at every stage:

Challenging the stop, frisk, and search that produced the weapon
Contesting possession, operability, and whether the firearm was loaded
Raising licensing and out-of-state permit issues
Litigating mandatory-minimum exposure on § 265.03 cases
Negotiating reductions where the facts and your record support it
Suppression hearings and trial

Scenarios we see most.

Weapon found during a car stop or street frisk
Loaded-firearm charges under § 265.03 with mandatory minimums
Out-of-state license holders charged while traveling through New York
“Constructive possession” in a shared vehicle or home
Disputes over whether the firearm was operable or loaded

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

People Facing Misdemeanors

Theft, assault, trespass, and drug-possession charges in Criminal and District Courts.

People Facing Felonies

Indictments and serious charges handled through hearings, grand jury, and Supreme Court.

Drivers Arrested for DWI/DUI

The criminal charge plus the separate DMV license and chemical-test refusal proceedings.

Desk Appearance Tickets

People given a DAT or facing a first arrest, navigating arraignment and next steps.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

1
Step 1 of 4
Free, confidential case review
2
Step 2 of 4
Investigation — the search, the recovery, and the firearm itself
3
Step 3 of 4
Suppression motions and negotiation
4
Step 4 of 4
Hearings and trial if needed

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

Is a weapons charge a felony in New York?

It depends on the weapon and the circumstances. Criminal possession of a weapon in the fourth degree (Penal Law § 265.01) is a Class A misdemeanor, but criminal possession of a firearm (§ 265.01-b) and the third- and second-degree charges (§ 265.02, § 265.03) are felonies — second degree is a violent felony with a mandatory minimum.

Question 2

I have a license from another state — why was I arrested?

A pistol license from another state generally does not authorize carrying a handgun in New York. Travelers are sometimes arrested at airports or on the road. There may be defenses, and these cases often turn on the specific facts — we review them closely.

Question 3

What makes a weapon charge a violent felony?

Criminal possession of a weapon in the second degree (§ 265.03), commonly charged for a loaded, operable firearm possessed outside your home or business, is a violent Class C felony with a mandatory minimum prison term. The defense often focuses on the search and on whether the weapon was loaded and operable.

Question 4

Can the weapon be suppressed?

If police recovered the weapon through an unlawful stop, frisk, or search, we can move to suppress it. Suppression can be decisive in a possession case. Whether it applies depends on exactly how the encounter unfolded.

Guides & resources