PL 265.04 · Article 265
Criminal Possession of a Weapon in the First Degree
The statute covers either an explosive substance possessed with intent to use it unlawfully against another person's body or property, or possession of ten or more firearms. The prosecutor must prove the applicable alternative against the person accused beyond a reasonable doubt; the firearm-count alternative does not expressly require the explosive alternative's unlawful intent.
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Text us immediately · (845) 290-2492Definition under New York law
PL 265.04 · Original statutory wording; excerpts must be read together with the full section.
§ 265.04 Criminal possession of a weapon in the first degree.A person is guilty of criminal possession of a weapon in the firstdegree when such person:(1) possesses any explosive substance with intent to use the sameunlawfully against the person or property of another; or(2) possesses ten or more firearms.Criminal possession of a weapon in the first degree is a class Bfelony.Read the full section at the New York State SenateIn everyday language
The statute covers either an explosive substance possessed with intent to use it unlawfully against another person's body or property, or possession of ten or more firearms. The prosecutor must prove the applicable alternative against the person accused beyond a reasonable doubt; the firearm-count alternative does not expressly require the explosive alternative's unlawful intent.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The two routes are alternatives, not cumulative requirements; the prosecutor must prove the applicable route beyond a reasonable doubt.
- Explosive route: possession of an explosive substance and intent to use it unlawfully against another person's body or property.
- Firearm-count route: possession of ten or more firearms.
Defenses that commonly apply
- What evidence connects the person accused to possession of the substance or firearms?
- Does testing establish an explosive substance, and what evidence establishes the required unlawful intent against another's person or property?
- Do the inventory and classification evidence establish at least ten qualifying firearms?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Must unlawful intent be proved for every first-degree weapon-possession charge?
The explosive-substance alternative requires intent to use the substance unlawfully against another's person or property. If that intent is not established beyond a reasonable doubt, the person accused may contest that alternative. The separate ten-firearm alternative does not expressly require that intent, but the prosecutor must prove possession of at least ten firearms beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 265.03 · Class C Felony
PL 265.08 · Class C Felony
PL 265.09 · Class B Felony
PL 265.01 · Class A Misdemeanor
PL 265.02 · Class D Felony