PL 265.08 · Article 265
Criminal Use of a Firearm in the Second Degree
This charge applies when you possess a firearm and use or threaten the immediate use of that firearm during the commission of a separate qualifying offense.
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.
- You possessed a firearm during it.
- You used or threatened the immediate use of that firearm.
Defenses that commonly apply
- No qualifying underlying offense occurred.
- The firearm was not used or threatened.
- You are not responsible for the underlying offense.
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to Up to $5,000.
A conviction generally carries a mandatory consecutive sentence on top of the underlying offense.
Every case turns on its own facts. The information on this page is general, not legal advice.
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