PL 265.04 · Article 265
Criminal Possession of a Weapon in the First Degree
The most serious weapons-possession felony applies to possessing a machine gun, assault rifle, shotgun or firearm with intent to use it unlawfully against another, and to certain repeat or aggravated situations.
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Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You possessed the weapon the statute specifies.
- You intended to use it unlawfully against another person, or the aggravating circumstance applies.
Defenses that commonly apply
- The unlawful-use intent cannot be established.
- The classification of the weapon is wrong.
- You did not possess it.
- The evidence should be suppressed.
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to Up to $5,000.
Every case turns on its own facts. The information on this page is general, not legal advice.