Desk Appearance Tickets (D.A.T.) in NYC — What to know if you’re charged with Misdemeanor Criminal Possession of a Weapon (Penal Law § 265.01)

Getting handed a Desk Appearance Ticket (D.A.T.) can feel like a relief in the moment — you’re free to go — but it also starts a criminal case that deserves serious attention. If you were issued a D.A.T. for Criminal Possession of a Weapon in the Fourth Degree (NY Penal Law § 265.01), here’s what that charge means, what you’re facing, and why hiring an experienced New York criminal-defense attorney like Matthew Galluzzo is a smart move.

What is Penal Law § 265.01 (Criminal Possession of a Weapon in the Fourth Degree)?

Penal Law § 265.01 makes it a crime to knowingly possess certain weapons (examples in the statute include some stun/electronic devices, gravity knives and certain other dangerous knives, and some imitation or other regulated weapons). The statute is written so that possession of particular listed items can itself be a crime regardless of an intent to use them.

Is § 265.01 a misdemeanor — and what are the possible penalties?

Yes. Criminal possession of a weapon in the fourth degree (PL 265.01) is generally a Class A misdemeanor. A conviction for a Class A misdemeanor in New York can carry up to one year in jail and may also include probation, fines, and collateral consequences (for example, impacts on employment, housing, or firearm rights depending on the exact conviction and subsequent law). Judges often have discretion — sometimes imposing probation or other alternatives — but the maximum exposure is real and should not be ignored.

What is a Desk Appearance Ticket (D.A.T.) — how does it change the process?

A D.A.T. is a written notice from police directing you to appear in Criminal Court at a later date for arraignment instead of being processed through custody immediately. DATs are commonly used for low-level offenses (including many misdemeanors) when identity can be verified and the situation meets the NYPD guidelines for issuing one. A D.A.T. does not mean the charge is minor or that the case will evaporate — it simply postpones your arraignment. You must appear on the date printed on the DAT; failing to appear can lead to a warrant for your arrest and additional penalties.

What happens at arraignment and afterwards?

On your arraignment date you’ll be formally presented with a criminal court complaint and the judge will advise you of the charges and your rights. From there, typical pathways include: dismissal or an Adjournment in Contemplation of Dismissal (ACD), negotiated plea agreements, or setting the case for trial. A D.A.T. case proceeds like any other criminal matter once you’re in court — so early, strategic legal work matters.

Practical risks and collateral consequences to keep in mind

• Jail time: Up to one year for a Class A misdemeanor conviction. Stephen Bilkis & Associates
• Criminal record: A conviction can affect employment, housing, immigration status, professional licensing, and future background checks.
• Firearms rights & licensing: Weapon-related convictions can have additional consequences under state and federal law.
• Warrants: Missing your DAT court date can prompt an arrest warrant and additional charges.

Why you should hire an experienced attorney for a DAT weapon case

A D.A.T. is not a “free” pass — it’s the first step in a criminal prosecution. The right lawyer can often (depending on facts and prior record) achieve outcomes like charge reduction, an ACD, pre-trial dismissal, or, if necessary, mount a vigorous defense at trial. Key early-stage actions that matter:

• Immediate case assessment: review the complaint, police report, and evidence (e.g., where and how the weapon was found).
• Investigative steps: obtain body-cam, surveillance, witness statements, or forensic reports that might undermine the prosecution’s version of events.
• Arraignment advocacy: present facts and legal arguments that make diversion, reduced charges, or dismissal more likely.
• Plea negotiation or trial preparation: decide the best path given the evidence and your goals.

Why Matthew Galluzzo is an excellent choice to defend a PL § 265.01 DAT case

• Relevant and meaningful criminal-court experience — Matthew Galluzzo is a former Manhattan prosecutor who has successfully represented hundreds of people charged via Desk Appearance Ticket throughout New York City. He has earned favorable outcomes for countless clients charged with Criminal Possession of a Weapon.
• Courtroom-ready — If negotiations fail, you want a lawyer comfortable taking a case to trial and cross-examining witnesses. Matthew prepares every case as if it will be tried, so plea offers are evaluated from a position of strength. Matthew once even earned a full acquittal at trial for a client with felony possession of a weapon by convincing the jury that his client’s weapon was not, in fact, an illegal knife.
• Client-first communication — Facing weapon charges can be frightening. Matthew provides clear explanations of options, candid assessments of risk, and a tactical plan so clients know what to expect at each step.
• Attention to collateral consequences — Beyond jail-time exposure, Matthew helps clients understand and plan for immigration, employment, and licensing impacts that a weapon charge can trigger.

Quick advice if you’ve been issued a D.A.T. for PL 265.01

1. Don’t miss the court date on the DAT — that alone can lead to a warrant. ephen Bilkis & Associates
2. Call an attorney before you appear — early representation improves chances for a favorable outcome.
3. Preserve evidence — note witnesses, preserve clothing or items involved, and write down everything you remember while it’s fresh.
4. Be careful about statements — what you say to police or other parties can be used against you later; follow your lawyer’s advice about speaking with prosecutors.

Bottom line

A Desk Appearance Ticket for Criminal Possession of a Weapon (PL 265.01) is serious — it creates a criminal case with exposure to jail, fines, and long-term consequences. A D.A.T. is the start of the process, not the end. Early, skilled legal representation can dramatically change the trajectory of the case. If you’re facing this charge, contacting an experienced NYC criminal defense lawyer — such as Matthew Galluzzo — right away will give you the best chance of minimizing or avoiding the most serious outcomes.