Unlawful Use
Unlawful Use of a Weapon
Although weapons can be possessed, purchased and even sold legally, that does not mean that they can be used solely at the discretion of the owner. There are many restrictions in place regarding when use of a weapon is deemed acceptable, and the New York legislature has spoken to this issue in the form of several different statutes.
Below is a brief look at the two different degrees of unlawful use laws in New York, and if you face an unlawful use charge in New York, contact our lawyers as soon as possible to schedule an initial consultation.
§ 265.09 Criminal use of a firearm in the first degree.
- A person is guilty of criminal use of a firearm in the first degree when he commits any class B violent felony offense as defined in paragraph (a) of subdivision one of section 70.02 and he either:
- possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
- displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Criminal use of a firearm in the first degree is a class B felony.
§ 265.08 Criminal use of a firearm in the second degree.
A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:
- possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or
- displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.
Criminal use of a firearm in the second degree is a class C felony.
Penalties
The penalties for unlawful use of a weapon in New York generally fall in line with the sentencing guidelines for the felony classifications, in that a person convicted of a Class C felony can face up to 15 years in prison, and a defendant convicted of a Class B felony can face 25 years in prison.
However, in regards to unlawful use in the first degree in New York, an additional five years can be added to any sentence that will be served consecutively by the defendant if it’s found that he or she illegally discharged the weapon during the commission of a violent felony. Usually, the decision of whether or not to attach this additional five years is within the discretion of the court.
As you see, the penalties for unlawful use of a weapon in New York are quite severe if you are convicted. If this is a situation you currently face, contact the Blanch Law Firm today to schedule an initial consultation.