Feb 03 2025 3 mins
From Lebedin Kofman LLP - Criminal Possession of a Weapon in the Second Degree - NYPL § 265.03 is a serious firearm-related charge under New York law. This offense applies when an individual possesses a loaded firearm with the intent to use it unlawfully, possesses five or more firearms, or possesses a machine gun or disguised gun. As a class C felony, a conviction carries significant penalties, including a prison sentence of 3.5 to 15 years, fines up to $5,000, and post-release supervision lasting between 2.5 to 5 years. Understanding the legal definitions under New York Penal Law § 265.00(3) and New York Penal Law § 10.00(8) is essential when building a defense.
A conviction under New York Penal Law § 265.03 requires the prosecution to prove each element beyond a reasonable doubt. New York courts, including in People v. Garcia, have ruled on key issues such as the possession of a loaded firearm outside a permitted location. Legal defenses may include unlawful search and seizure violations under the Fourth Amendment, temporary and lawful possession, or proving that the weapon was kept in a home or place of business, which may offer exemptions under New York Penal Law § 265.02. The prosecution must also establish that the weapon was operable, meaning capable of discharging ammunition, regardless of whether the defendant knew of its functionality.
At Lebedin Kofman LLP, our Manhattan criminal defense attorneys are committed to defending those facing charges under New York Penal Law § 265.03. We thoroughly analyze the circumstances surrounding the arrest, evaluate whether the search and seizure were conducted lawfully, and develop tailored defense strategies. Given the impact of a felony conviction, including long-term consequences on employment and civil rights, seeking legal representation as early as possible can help address key legal challenges.
The possession of multiple firearms, a disguised gun, or a machine gun can lead to severe penalties, making it essential to understand the available legal defenses. Our Manhattan criminal defense attorneys work diligently to protect our clients’ rights, examining all possible legal avenues to reduce or dismiss charges. If you or a loved one is facing an accusation under Criminal Possession of a Weapon in the Second Degree - NYPL § 265.03, contact Lebedin Kofman LLP at (646) 663-4430 to discuss your legal options.
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