Rockland County · PL 265.01
Criminal Possession of a Weapon in the Fourth Degree Lawyer in Montebello — Montebello Village Court
This is the baseline weapons charge. It covers knowingly possessing a firearm, a concealed weapon, a knife or razor, a gravity knife, a billy or sand club, a chukka stick, a throwing star, or a stun gun, among other listed items.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492One mistake should not define your life
Being charged is not the same as being guilty. An accusation can leave you worried about your family, your job, and your future. You deserve to be heard and treated as a person, not a case number. One mistake should not define who you are, and an accusation should not erase the rest of your story.
If you or a loved one is facing Criminal Possession of a Weapon in the Fourth Degree allegations connected with Montebello Village Court in Rockland County, Yvonne is ready to help you understand the charge and the next steps. You do not have to face this uncertainty without guidance.
How this charge moves through this court
Montebello Village Court is located at Clerk: Village Hall, 1 Montebello Road, Montebello, NY 10901 · Court Sessions: Montebello Community Center, 350 Haverstraw Road, Montebello, NY 10901 (Court is held here, NOT at Village Hall).. Check the date and location on your court papers and confirm any changes with your attorney. This court's role depends on the charge and stage of the case; this page does not mean that every charge is tried here.
Local courts generally handle misdemeanors and violations. For felony charges, they may conduct arraignment and preliminary proceedings; if the prosecution continues, later felony proceedings generally take place in County or Supreme Court. The particular path depends on the case.
What happens at your first appearance
Before your appearance at Montebello Village Court, Yvonne can review your papers, explain the purpose of the hearing, and prepare you for questions the judge may ask. At a criminal arraignment, she can explain the accusation and advocate for release or appropriate conditions where the law allows. The court decides; release without bail cannot be promised.
If an order of protection or another court condition is already in place, follow it even if you disagree and ask your attorney about anything unclear. Do not assume you may skip an appearance because you have counsel; confirm whether you must attend.
What the prosecutor must prove
The points below explain the legal requirements behind this accusation. They are not findings that you did anything wrong. Yvonne can compare each requirement with the evidence in your case and explain what it means for your defense.
- You knowingly possessed the item.
- The item is one of the weapons the statute makes unlawful to possess.
Defenses that commonly apply
A defense is not one-size-fits-all. These are issues an attorney may explore, not promises that a particular defense will apply. What happened before, during, and after the alleged incident can be important.
- You did not know the item was present.
- The item does not meet the legal definition of the weapon charged.
- The stop, search or seizure was unlawful.
- You had a lawful reason to possess it under the statute's exceptions.
Penalties and collateral consequences
Maximum penalties are not a prediction of your sentence. The applicable law, your record, the evidence, and the resolution of the case all matter. Before making a decision, discuss possible effects on your work, family, driver's license, or immigration status, where relevant.
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.
New York weapons law has changed repeatedly since 2022. Whether an item is lawful to possess depends on the current text and on where you had it.
An experienced attorney, a strategy built around you
Yvonne Garbett has 24 years of experience as an attorney, admitted in 2002. She served as an Assistant District Attorney from 2002–2006 and has practiced criminal defense privately since 2006. She brings a prosecutor's perspective to evaluating the evidence and building a defense. She is ready to listen, explain your options, and work strategically with you toward the best possible result given your circumstances.
If the police made a mistake, the truth matters
Police reports do not always tell the whole story. If you believe an officer misunderstood what happened, identified the wrong person, or left out important facts, tell Yvonne. She can examine the available evidence, look for inconsistencies, and work to bring the truth to light. The defense depends on what the evidence actually shows, not assumptions about you.
Working together on your defense
Tell Yvonne what happened in your own words, what worries you most, and what you hope to protect. Keep your court papers and any relevant messages or records; do not delete or alter potential evidence. Together, you can consider the strengths and weaknesses of the case and decide on a strategy, whether that means challenging evidence, pursuing an appropriate negotiated resolution, or preparing for trial. No attorney can guarantee an outcome.
Text us immediately · (845) 290-2492Every case turns on its own facts. The information on this page is general, not legal advice.