PL 265.09 · Article 265
Criminal Use of a Firearm in the First Degree
This felony applies when you possess a firearm and use or threaten its immediate use while committing or attempting a more serious qualifying offense.
24 Years Experience · Since 2002Former ADAAvailable 24/7Se Habla Español
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You committed or attempted a qualifying offense of the higher grade.
- You possessed a firearm during it and used or threatened its immediate use.
Defenses that commonly apply
- The underlying offense is not one the statute lists at this level.
- There was no use or threat involving the firearm.
- You are not responsible for the underlying offense.
Penalties and collateral consequences
A Class C Felony carries a maximum sentence of up to 15 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.