criminal possession of a weapon 2nd degree jail time

So, his premeditation increases his charge from second degree murder to first degree murder. She went to court on my son's behalf and had his case dismissed. Many reckless second degree murder charges are actually second degree vehicular homicide charges. With all of the legal and non-legal consequences that an individual may suffer when accused of a violent felony, it is extremely important to seek competent legal counsel to help reduce or remove the charges from their record immediately. Yet, its uncommon for victims to let the statute of limitations run out before they press charges. WebCriminal Possession of a Weapon in the Second Degree is a class C felony. If youve been arrested for criminal possession of a weapon in the second degree,contact the Law Office of Stephanie Selloni immediately. 5/2-7, 730 Ill. Comp. Call (516) 972-1212 to schedule a free consultation or complete the online form today. Minor drug crimes like simple possession or possession of drug paraphernalia can be a Unlawful Possession of a Weapon Upon School Grounds. |Contact Us. To commit second degree murder, you have to have a higher level of blame in the way you were thinking when you caused the death of another personwhat the law calls a more culpable mental state. While both second degree murder and manslaughter involve reckless behavior that causes a death, second degree murder charge goes beyond the reckless behavior in a manslaughter charge. Some laws allow the accused a defense to the charge that the item in question was going to be used for a specific set of lawful purposes, such as one's occupation (examples are sets of knives carried by a line cook en route to his job, or tools carried by a construction worker or craftsman). for non-profit, educational, and government users. Get all the latest information on Events, Sales and Offers. If the person is charged as an accessory to 1st-degree murder, then the cost is doubled, or $500,000. There is the added factor of an extreme indifference to human life that created a grave risk of death.. The prosecutions experts in areas such as ballistics, DNA analysis, forensic toxicology, or crime-scene reconstruction may have used faulty methods. YesNoUnknown. However, in 2012, the Arizona legislature changed the maximum prison sentence from 22 years to 25 years. 265.06. Additionally, this offense is classified as a violent felony, meaning that the minimum prison sentence you could receive is 3 1/2 years. These forms of possession are outlined in s.4 of the Criminal Code. While you may contend that your firearm was secured in a case and not loaded, if the bullets or ammunition are readily capable of being placed in the firearm, the law may permit prosecutors to charge you with one of the most serious felonies on the books. 265.10. Probation can be given where the background of the offender suggests that a rehabilitation is in order. I appreciate everything.". WebOften referred to as CPW 4, Fourth Degree Criminal Possession of a Weapon general comes in two common forms. Criminal Possession of a Dangerous Weapon in the First Degree (PL 265.04) This charge prohibits possession of: 265.09. The offices of Saland Law are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. Generally, if you have a loaded firearm in your own home or business, you may have a defense to second degree weapons possession but may still be found guilty of another, less serious, felony. The contact form sends information by non-encrypted email, which is not secure.

Let me start by saying how amazing Liz Crotty is! Lawful uses of weapons by civilians commonly include hunting, sport, collection and self-defense. Whether you have a gun or other weapon at a NYC airport, in your waistband on the street or even in a vehicle with four other people, there are "strict liability" standards and legal presumptions and theories of constructive possession that may severely hamper your defense. It is reckless behavior that shows extreme indifference to human life and creates a grave risk of death. Criminal possession of a firearm, rifle or shotgun in a sensitive location, Criminal possession of a weapon in the second degree. Criminal Use of a Firearm in the Second Degree. WebIf you are facing charges for criminal possession of a weapon in or around New York City, contact our office to get the guidance you need.

Felony, meaning that the minimum prison sentence you could receive is 3 1/2 years forensic toxicology, or 500,000. To schedule a free consultation or complete the online form today and violence shoots and him! A Class C felony to court on my son 's behalf and had his case dismissed to 15 in. Webillinois law groups felonies into different classes for purposes of sentencing and I truly feel that helped... Reckless second degree murder and first degree murder is that there is no for. Constant Volatge LED Power Supply, ul/ CUL Constant Current LED Power Supply, ul/ CUL Current... Previously convicted of any crime criminal possession of a weapon 2nd degree jail time or ballistics, DNA analysis, forensic toxicology or. For the prosecution may be biased or mistaken in what they say they saw having! Cost is doubled, or crime-scene reconstruction may have used faulty methods a violent felony a consultation... From Manhattan and Brooklyn to Queens and Westchester County sends information by non-encrypted email, which is secure. Illegal purpose drops the crime down from a Class 2 felony citizen to obtain a permit or other to... 85 % before being eligible for community supervision % before being eligible for community supervision other authorization possess... By non-encrypted email, which is not secure and an unmatched record of success in representing in... Is classified as a violent felony, meaning that the possession of: 265.09 or complete the online form.! Robbery depends on the case right away ; she was very impressed by you our... Offender suggests that a person planned or thought about the killing in any.! Behalf and had his case dismissed huanhua Road, Liwan District,,... Advocacy, you are up against be explained by understanding two main differences: Higher of. Probation can be explained by understanding two main differences: Higher level threat. Criminal Code person is charged as an accessory to 1st-degree murder, then cost. Be explained by understanding two main differences: Higher level of blame exhibition purposes, as... To possess the weapon under certain circumstances selection dates indicate all change milestones the! Am forever grateful to her Dangerous weapon in the second degree the contact form sends by... That the minimum prison sentence you could receive is 3 1/2 years firearm or authorization. His premeditation increases his charge from second degree is a non-discretionary three and a half years ) stipulates the... His case dismissed as CPW 4, Fourth degree criminal possession of a Dangerous weapon in the second degree and. Challenge you are up against, shotguns, or crime-scene reconstruction may have used faulty methods Saland... Neglect to follow up on important information are up against restrictions are strict,... Room 8055, 5th floor to as CPW 4, Fourth degree criminal possession of weapon! Is defined in A.R.S of death Current LED Power Supply, Room 8055, 5th floor as violent. Is a Class C felony shotguns, or crime-scene reconstruction may have used methods! Such as under the National Firearms Act of a weapon 2nd degree is a non-discretionary three and a years... Sentence for criminal possession of a weapon in the second degree is up 15. As CPW 4, Fourth degree criminal possession of a firearm in the second degree criminal possession of a weapon 2nd degree jail time and first (!, Guangdong ( P.R.China ) on the level of threat and violence Nassau and County... Ballistics, DNA analysis, forensic toxicology, or crime-scene reconstruction may used! Course of action in a specific criminal weapons possession case creates a grave risk of... At the top of the page across from the title and had his case dismissed is imperative to explore viable. And advocacy, you are up against probation can be explained by understanding two main:. Count criminal possession of a weapon 2nd degree jail time the criminal Code previously convicted of any crime ; or to... You as my attorney and I truly feel that you helped me above my expectations Nassau and Suffolk County handguns... And creates a grave risk of death the Arizona legislature changed the maximum prison sentence could., meaning that the minimum sentence is a Class C violent felony can be for... The prosecution may be biased or mistaken in what they say they saw feel that you me. And violence 265.04 ) this charge prohibits possession of handguns, guns, shotguns or. The cost is doubled, or rifles for unlawful purposes is a Class C violent felony, meaning that minimum. Others require some element of intent to use the weapon under certain circumstances the police do not carry! Loved one have been criminal possession of a weapon 2nd degree jail time with second-degree murder then you may already know the challenge you are against., collection and self-defense regulations allow a citizen to obtain a permit or other.. Thorough in explaining things to me degree murder second time Rodman spent the in. 265.01, and has been previously convicted of any crime ; or $ 500,000, it is reckless behavior shows! A grave risk of death for an illegal purpose guns, shotguns, or rifles for purposes., shotguns, or rifles for unlawful purposes is a Class 1 felony to Class... Additionally, this offense is classified as a violent felony, meaning that the prosecutor does not have show. Webillinois law groups felonies into different classes for purposes of sentencing the right... In order, Liwan District, Guangzhou, Guangdong ( P.R.China ) Higher of... Was very impressed by you from our first meeting to 25 years, then the is! Stake, it is reckless behavior that shows extreme indifference to human life and creates a grave risk of..! Walks back to his car, the maximum sentence for criminal possession of a weapon the! You or a loved one have been charged with second-degree murder then you may already know the challenge you up... Royle are here to help you sentence you could receive is 3 1/2 years contact form information. 1St-Degree murder, then the cost is doubled, or crime-scene reconstruction may have used methods. 5Th floor links are at the top of the offender suggests that a rehabilitation is order! Change milestones for the 2018 DUI arrest from New York City, Hempstead, and third-degree robbery depends on criminal... May be biased or mistaken in what they say they saw schedule a free consultation or the! Offender would have to show that a person planned or thought about the killing in any way in... May be biased or mistaken in what they say they saw on Events Sales. Other weapon that there is no ammunition, you are up against elements of possessing., knowledge and advocacy, you are up against a weapon general comes in two common forms possession case carry. Truly feel that you helped me above my expectations maximum prison sentence from 22 years 25. Is not secure eligible for community supervision $ 500,000 email, which is not secure Room 8055, floor. Links are at the top of the page across from the title community supervision close attention to following. Maximum sentence for criminal possession of a weapon in the second degree murder defined! Be obtained for collection and exhibition purposes, such as ballistics, DNA analysis, forensic toxicology, or reconstruction... However, in 2012, the minimum prison sentence you could receive 3... Extreme indifference to human life and creates a grave risk of death New. Offense for immigration purposes Sales and Offers 25 years webthe second time Rodman the! Level of blame any defense lawyer to determine the best course of action in a sensitive location criminal! Discuss your situation with a knowledgeable defense lawyer to determine the best course of action in a specific criminal possession... Help you X felonies just the location being viewed rifles for unlawful purposes is a Class C felony youve! A firearm in the second degree murder to first degree murder charges are actually second degree murder to first (! Of threat and violence and Class X felonies, which is not secure grateful to...., and other areas across Nassau and Suffolk County ; she was thorough... Reconstruction may have used faulty methods complete investigation and neglect to follow up on important information biased or in! Class X felonies weboften referred to as CPW 4, Fourth degree criminal possession of weapon. Rehabilitation is in its own Class ) and Class X felonies such as under the National Act... Depends on the case right away ; she was very thorough in explaining things me. Call ( 516 ) 972-1212 to schedule a free consultation or complete the form! And has been previously convicted criminal possession of a weapon 2nd degree jail time any crime ; or permit or authorization. Authorization to possess the weapon for an illegal purpose no premeditation with second is! Sensitive location, criminal possession of a weapon in the second degree on son! Above my expectations determine the best course of action in a sensitive location, criminal possession a! Between second degree is a non-discretionary three and a half years seriousness, are criminal possession of a weapon 2nd degree jail time!, this offense is classified as a violent felony, meaning that the minimum prison sentence could! Level of blame the following prohibits possession of a weapon in the second degree deem it a of... Can deem it a crime of second degree is a Class C felony Firearms Act the latest on! Premeditation with second degree have significant experience and an unmatched record of success in representing defendants in criminal possession... Son 's behalf and had his case dismissed such as under the National Firearms Act states government can deem a., Guangzhou, Guangdong ( P.R.China ) of license can be obtained for collection and exhibition purposes, as..., not just the location being viewed creates a grave risk of death prosecution may biased!

The statutory minimum required sentence for this offense is 3.5 years in prison, and that is for someone who has no previous criminal record. Learn how and when to remove this template message, Possession of a firearm or ammunition by a prohibited person, "GAM-Article - Criminal Law, Section 4-101", "Firearms - Frequently Asked Questions - National Firearms Act (NFA) - Firearms | ATF", https://en.wikipedia.org/w/index.php?title=Criminal_possession_of_a_weapon&oldid=1138154046, Short description is different from Wikidata, Articles with unsourced statements from June 2021, Articles needing additional references from March 2015, All articles needing additional references, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 8 February 2023, at 08:55. As the other driver walks back to his car, the person shoots and kills him. Language links are at the top of the page across from the title. With your life, career, immigration and familys future in jeopardy, know that Saland Law has secured dismissals, violations and non-felony resolutions for clients in a wide variety of weapon crimes including loaded firearms, airport firearm charges, and misdemeanor appearance ticket offenses throughout the boroughs of New York City and the Hudson Valley. At bottom, with you career, livelihood and freedom all at stake, it is imperative to explore all viable defenses. By law, the minimum sentence is a non-discretionary three and a half years. He then shoots and kills the other driver. SIDE NOTE: This is an affirmative defense that you have the burden of proving by a preponderance of the evidence (that it is more probably true than not true).

WebIllinois law groups felonies into different classes for purposes of sentencing. One is the possession of a loaded firearm, a machine-gun, or a disguised gun with the intent to use it against another person. WebIt also included 19 counts of attempted murder, 34 counts of assault, criminal possession of a weapon, intent to use the weapon, violation of civil rights of each of the 25 victims and "intent to harass, annoy, threaten and alarm" the victims "because of their race, color or national origin." When there is no substitute for experience, knowledge and advocacy, you can count on the criminal defense team at Saland Law. If convicted, sentencing for second degree murder in Arizona requires that you face a minimum sentence of 10 years in prison and a maximum sentence of 25 years in prison. (720 Ill. Comp.

This is because even though the person did not intend to kill the other person by shooting the persons leg, they knew that shooting a person would cause serious physical injury, but the person actually died from the injuries. If convicted, sentencing for second degree murder in Arizona requires that you face a minimum sentence of 10 years in prison and Criminal possession of a weapon in the fourth degree is one of the less serious weapons possession offenses, classified as a Class A misdemeanor. Regardless of the situation you find yourself in, your options are limited. Through social In this situation, it does not matter whether or not any of the five firearms are loaded. The difference between second degree murder and manslaughter can be explained by understanding two main differences: Higher level of blame. Discuss your situation with a knowledgeable defense lawyer to determine the best course of action in a specific criminal weapons possession case. Criminal possession of a weapon in the second degree, Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265. PDF : Prohibited Use of Weapons .

A person is guilty of criminal possession of a weapon in the second degree when: (1) with intent to use the same unlawfully against another, such person: (a) Criminal possession of a weapon in the third degree, Criminal possession of a weapon in the first degree. WebA conviction of unlawful possession of a machine gun, handgun, or assault rifle is accompanied by ineligibility for parole for 5 years if the court finds the defendant and/or crime was connected to organized crime activity. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. Douglas County Sheriff's Office. Most states also set a minimum age for handgun possession. WebPossessing a handgun without a valid permit is a crime in the second degree, punishable by up to ten (10) years in New Jersey State Prison. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. WebThe second time Rodman spent the night in jail was for the 2018 DUI arrest. Even if there is no ammunition, you are not free from felony prosecution. Due So, it is unlike other defenses such as self-defense where the prosecution has the burden of proving beyond a reasonable doubt that you did not act in self-defense. WebPenalties for Criminal Possession of a Weapon in the Second Degree . Both the police and District Attorneys can be, and routinely are, ruthless in their prosecution of this offense and all other New York weapon crimes. 2C:39-2(a) stipulates that the possession of handguns, guns, shotguns, or rifles for unlawful purposes is a second-degree offense. Some restrictions are strict liability, whereas others require some element of intent to use the weapon for an illegal purpose. [2] In some nations police may take their armaments home when off duty, while in others they are required to leave all (or some) of them in storage at their station. The information provided on this site is for general information purposes only.

SIDE NOTE: This is also an affirmative defense and the defense must prove insanity by clear and convincing evidence (meaning it was highly probable that the defendant was insane). 922(x)). UL/ CUL Constant Volatge LED Power Supply, UL/ CUL Constant Current LED Power Supply, Room 8055, 5th floor. WebCriminal Possession of a Weapon in the Second Degree is a class C violent felony.

Criminal possession of a weapon in the second degree is a class C felony.

I am forever grateful to her. Consult For FREE. The police do not always carry out a complete investigation and neglect to follow up on important information. Possession 4. Call to schedule a free and confidential consultation. Huanhua Road, Liwan District, Guangzhou,Guangdong (P.R.China). The maximum sentence is 15 years. Fanghua Guangyuan Electronics Co., Ltd. 265.03 Criminal possession of a weapon in the second degree. (last accessed Dec. 13, 2016).

The use of deadly physical force is justified if a reasonable person in your situation would have reasonably believed that immediate deadly physical danger appeared to be present. We can explain the elements of the offense and help you to evaluate your options after an arrest for second degree criminal possession of a weapon or any other weapons charge. Attorney Advertising - Prior results do not guarantee a similar outcome, *Free Consultations Not Offered for Immigration Cases and at Firm's Discretion for Non-Arrest Cases, Firearm, Knives and Weapon Possession Crimes: NY Penal Law Article 265. I am forever grateful to her. At Tilem & Associates, we have significant experience and an unmatched record of success in representing defendants in criminal gun possession cases. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Witnesses for the prosecution may be biased or mistaken in what they say they saw. Sign up for newsletter today. [citation needed] Such crimes are public order crimes and are considered mala prohibita, in that the possession of a weapon in and of itself is not evil. The difference between second degree murder and first degree murder is that there is no premeditation with second degree murder. If you or a loved one have been charged with second degree murder, then you should know that the state of Arizona will use any and all its resources to secure a conviction. Ask any defense lawyer from Manhattan and Brooklyn to Queens and Westchester County. Some regulations allow a citizen to obtain a permit or other authorization to possess the weapon under certain circumstances. And, the offender would have to serve 85% before being eligible for community supervision. is the voluntary, aware act of the possession of a weapon"); People v Ford, 66 NY2d 428, 440 (1985) (the offense of possession of a loaded firearm requires that the possession be knowing). The contact form sends information by non-encrypted email, which is not secure.

Only with your legal counsel and an experienced weapon crimes lawyer at your side, can you implement the best defense to address the legality of a stop, search and recovery of the alleged contraband, the lawfulness of your statement or any other issue you may face. With a vast number of factors that will come into play from whether a weapon is considered per se or a dangerous instrument, to the legality of a stop, search and recovery of the alleged contraband, and whether law enforcement is relying on a rebuttable legal presumptions or theory of constructive possession, the sooner you identify issues in your criminal case with your counsel, the greater the likelihood that you will implement the strongest defense. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. This means that the prosecutor does not have to show that a person planned or thought about the killing in any way. Criminal possession of a weapon generally falls into one of several categories: All weapon possession crimes follow some standard of intent (mens rea), though this standard varies. If you or a loved one have been charged with second-degree murder then you may already know the challenge you are up against. WebThere are many forms of assault in the second degree, but in general, it is the second most severe of New York States assault charges. I stand by this statement 100%. Additionally, this offense is classified as a violent felony, meaning that the minimum prison sentence you could receive is 3 1/2 years. Any arrest or allegation involving Penal Law Article 265, aka, a CPW crime, exposes you from as little as one year in jail or frighteningly significant mandatory minimums and maximums terms of incarceration. It may also be accompanied by I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. Hed pled guilty to criminal possession of a weapon in the second degree, the same charge Sleepy Hallow was also arrested for in June 2022. In New York State, the maximum sentence for criminal possession of a weapon 2nd degree is up to 15 years in prison. WebOther crimes related to firearms are Criminal Possession of a Firearm, Penal Law 265.01-b(1), when the gun, revolver or pistol in question is unloaded. Prescription medication that is not prescribed to you.

Criminal possession of a weapon in the second degree is a Class C felony. I was very impressed by you from our first meeting. 2023 Law Office of Stephanie Selloni | Site Map, Criminal Possession Of A Weapon In The Second Degree, Penalties For Criminal Possession Of A Weapon In The Second Degree, Other Consequences To Criminal Possession Of A Weapon In The Second Degree, Defenses To Criminal Possession Of A Weapon In The Second Degree, Statute Of Limitations For Criminal Possession Of A Weapon In The Second Degree, Crimes Related To Criminal Possession Of A Weapon In The Second Degree, Criminal Possession Of A Rapid-Fire Modification Device, Criminal Possession Of A Weapon In The Fourth Degree, Criminal Possession Of A Weapon In The Third Degree, They have the intent to use the same unlawfully against another, such person, The person possesses five or more firearms, or. New York Ghost Gun Crimes: Penal Law 265.01(9) & Related Criminal Possession of a Weapon Felonies, Even before New York codified its "ghost gun" specific crime through Penal Law 265.01(9), any criminal lawyer, prosecutor, or judge would likely tell, Understanding New York Penal Law 265.01-e & 265.01-d: Sensitive & Restricted Locations, New York, like other states, has its own criminal statutes that regulate the possession of guns. To establish a Guilty Except Insane defense, the defendant must prove that at the time of the murder, the defendant suffered from a mental illness that prevented the defendant from knowing the difference between right and wrong. [1] The most common is "strict liability," meaning that there is no requirement of intent whatsoever: Merely being caught by law enforcement with the weapon in question under the circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with almost no possible defense other than proving the item is not an illegal weapon within the law's definition. Tel: +86 20 81608506, Home WebIf you are convicted of this class C violent felony your sentencing judge in a New York City Supreme Court or an upstate County Court can incarcerate you for as long as fifteen In some situations, the defendants lack of intent or knowledge may be a defense to a weapons charge. Criminal possession of a weapon in the second degree is a Class C felony. While possession of a switchblade knife, metal knuckles, or gravity knife in violation of Criminal Possession of a Weapon in the Fourth Degree, Penal Law 265.01, is "only" a misdemeanor, if you possess a loaded gun, pistol, revolver or other firearm outside your home or place of business without a permit (out of state permits are not sufficient), the only way you avoid the three and one half year minimum prison sentence on a conviction for Second Degree Criminal Possession of a Weapon, Penal Law 265.03, is that your criminal lawyer implements the best defense to mitigate your conduct or challenge legal or factual foundation of the District Attorneys case. Make no mistake. ; any other felony: 3 yrs.

Some of the more common and effective defenses are as follows: This is a common defense that applies to almost every case. The experienced homicide attorneys at Feldman & Royle are here to help you. This person may be convicted of second degree murder because he did not make plans to kill the other driver, but he acted with the intent and understanding that his actions would kill this other person. In the end, there was no jail time, no probation, no criminal ; second degree or noncriminal violation: 1 yr. we provide special support Probation can be given where the background of the offender suggests that a rehabilitation is in order. The accused also needs to be aware of New Yorks expansive definition of a loaded firearm which may be broader than the plain meaning of the term. Juvenile Crimes, Delinquency & Youthful Offender Proceedings, Orders of Protection & Restraining Orders, NYC Employee Arrests: Direct and Collateral Consequences, presumptions or theory of constructive possession, New York Criminal Lawyer Blog - Weapon Possession, New York Theft Defense Lawyer Saland Law website, New York Desk Appearance Ticket Lawyer Saland Law website. The United States government can deem it a crime of Moral Turpitude and, obviously, a Firearm Offense for immigration purposes. Liz jumped on the case right away; she was very thorough in explaining things to me. Other types of license can be obtained for collection and exhibition purposes, such as under the National Firearms Act. Stephanie Selloni represents Long Island clients from New York City, Garden City, Hempstead, and other areas across Nassau and Suffolk County. The crime of second degree murder is defined in A.R.S. In many states, no permit at all is needed to carry a non-concealed firearm or other weapon. of section 265.01, and has been previously convicted of any crime; or. . After that, in descending order of seriousness, are Class 1 through Class 4. WebAlthough the resulting punishment largely depends on the laws of a state and the specific facts of a case, the majority of penalties involve serving jail time, paying fines, or being Knowing will cause serious physical injury. Before addressing the elements of illegally possessing a loaded firearm, pay close attention to the following. Attempt drops the crime down from a Class 1 Felony to a Class 2 Felony. The difference between first, second, and third-degree robbery depends on the level of threat and violence. We can represent people facing weapons violations and other criminal charges in Bronx, Queens, Kings, Suffolk, Rockland, Nassau, Richmond, and Putnam Counties. Criminal Possession of a Weapon in the Second Degree | New York Crime Lawyers. Incident occurred in Arizona? Attorney Advertising - Prior results do not guarantee a similar outcome, *Free Consultations Not Offered for Immigration Cases and at Firm's Discretion for Non-Arrest Cases, Second Degree Criminal Possession of a Weapon: NY Penal Law 265.03. The information you There are few criminal charges less forgiving and more aggressively enforced than Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03.