§ 265.01 Criminal possession of a weapon in the fourth degree (NY)

(Click here for gun possession)

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken, or "Kung Fu star";

(2) He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or

(3); or

(4) He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or

(5) He possesses any dangerous or deadly weapon and is not a citizen of the United States; or

(6) He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.

(7) He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.

(8) He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Penalties for § 265.01 Criminal possession of a weapon in the 4th degree

In New York, criminal possession of a weapon in the 4th degree is penalized as a class A misdemeanor.

• Up to 364 days in jail
• Up to 3 years of probation
• Combination of jail and probation
• Conditional or unconditional discharge
• DNA database inclusion
• Permanent criminal record
• Collateral consequences such as employment, housing, immigration, or travel problems

Criminal possession of a weapon in the fourth degree is a commonly charged misdemeanor in New York City. Typically, clients are given a desk appearance ticket listing a "top offense charged" of 265.01. Our defense efforts focus on getting the charges dismissed or reduced to reduce the risk of criminal penalties and to avoid a permanent criminal record.

We've seen clients charged with this offense in a variety of circumstances such as:

• Arrests in the subway for illegal knives or other weapons
• Arrests at the airport (La Guardia or JFK Kennedy airport) because of knives or other weapons found during security screening
• Car stops where an illegal knife or other weapon is found
• Circumstances where something common (like a tool or other hard object) is used as a weapon during a fight
• Common weapons include knives, box-cutters, stun guns, and other weapons

If you or a loved-one has been charged with Penal Law 265.01 in New York City for possession of a weapon, contact us for a case evaluation