Understanding New York Penal Law § 265.01: Criminal Possession of a Weapon in the Fourth Degree
New York Penal Law § 265.01 defines the offense of criminal possession of a weapon in the fourth degree (CPW4), a charge that encompasses various forms of unlawful weapon possession. This statute is frequently invoked in New York City and throughout the state, often resulting in misdemeanor charges that can carry significant legal consequences.
What Constitutes Criminal Possession of a Weapon in the Fourth Degree?
Under § 265.01, an individual is guilty of CPW4 when they knowingly possess certain weapons or possess any dangerous instrument with the intent to use it unlawfully against another. The statute outlines several specific scenarios:
- Possession of Prohibited Weapons: This includes items such as firearms, electronic stun guns, switchblade knives, metal knuckles, chuka sticks, and other weapons explicitly listed in the statute.
- Possession with Unlawful Intent: Possessing any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument with the intent to use it unlawfully against another person.
- Possession by Prohibited Individuals: Individuals who have been convicted of a felony or serious offense, non-citizens, or those certified as not suitable to possess a rifle or shotgun are prohibited from possessing certain weapons.
- Possession of Certain Ammunition: Knowingly possessing bullets containing explosive substances designed to detonate upon impact or armor-piercing ammunition with intent to use unlawfully.
- Possession of Unserialized or “Ghost” Guns: Possessing a firearm, rifle, or shotgun component that lacks a serial number, commonly referred to as a “ghost gun,” without proper licensing.
Penalties for CPW4
Criminal possession of a weapon in the fourth degree is classified as a Class A misdemeanor in New York. The penalties upon conviction can include:
- Up to 364 days in jail
- Probation for up to 3 years
- Fines and mandatory surcharges
- Community service
- Permanent criminal record, which can impact employment, housing, and immigration status
In some cases, courts may impose alternative sentences such as conditional or unconditional discharges, depending on the circumstances and the defendant’s criminal history.
Legal Considerations
It’s important to note that certain objects, while not inherently illegal, can lead to CPW4 charges if possessed with unlawful intent. For example, carrying a razor or dangerous knife is not a crime per se, but if there’s evidence of intent to use it unlawfully against another, it becomes a criminal offense under this statute.
Additionally, individuals previously convicted of certain offenses or those prohibited from possessing firearms must be particularly cautious, as possession of weapons under these conditions can elevate charges to more serious felonies.
Conclusion
Criminal possession of a weapon in the fourth degree is a serious offense in New York, carrying potential jail time and long-term consequences. Understanding the specifics of § 265.01 is crucial for anyone facing such charges or seeking to comprehend New York’s weapon laws. Legal counsel should be sought promptly to navigate the complexities of these cases and to ensure that rights are protected throughout the legal process.
Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney. He has earned acquittals at trial for individuals charged with illegal weapons possession (including one case in which he successfully persuaded the jury that the knife was not in fact an illegal knife), and has successfully defended clients accused of possessing homemade “ghost guns”. If you or a loved one have been accused of violating Penal Law 265.01, you should storngly consider contacting him to discuss his legal services.