What Characteristics of a Gun Possession Charge in NYS Constitute the Label of Violent versus Non-Violent Regarding Sentencing?

Question from Deblynn, What Characteristics of a Gun Possession Charge in NYS Constitute the Label of Violent versus Non-Violent Regarding Sentencing?

Answer from AI:

In New York State (NYS), gun possession charges can be classified as either violent or non-violent, which significantly impacts the severity of sentencing. Understanding these classifications is crucial for anyone facing such charges or interested in the legal distinctions.

Violent Gun Possession Charges

In NYS, certain gun possession charges are automatically classified as violent felonies. These charges typically involve circumstances that suggest a higher risk of harm or actual harm to others. Here are some key characteristics:

• Criminal Possession of a Weapon in the Second Degree (CPW 2nd Degree): This charge is considered a violent felony and involves possessing a loaded firearm with the intent to use it unlawfully against another person. It is classified under New York Penal Law § 265.03.
• Criminal Possession of a Weapon in the First Degree (CPW 1st Degree): This charge involves possessing ten or more firearms or possessing an explosive device with the intent to use it unlawfully. It is classified under New York Penal Law § 265.04 and is also considered a violent felony.
• Use of a Firearm During the Commission of a Crime: If a firearm is used during the commission of another crime, such as robbery or assault, the possession charge is typically classified as violent.

Non-Violent Gun Possession Charges

Non-violent gun possession charges generally involve situations where the firearm is possessed without the intent to use it unlawfully against another person. These charges are still serious but carry less severe penalties compared to violent felonies. Key characteristics include:

• Criminal Possession of a Weapon in the Fourth Degree (CPW 4th Degree): This charge involves possessing a firearm without a license but without the intent to use it unlawfully. It is classified under New York Penal Law § 265.01 and is considered a misdemeanor.
• Criminal Possession of a Weapon in the Third Degree (CPW 3rd Degree): This charge can be classified as a non-violent felony if it involves possessing a firearm without a license but without the intent to use it unlawfully. It is classified under New York Penal Law § 265.02.

Sentencing Differences

The classification of a gun possession charge as violent or non-violent significantly impacts sentencing:

1. Violent Felonies: These charges carry mandatory minimum sentences and longer prison terms. For example, CPW 2nd Degree can result in a prison sentence of up to 15 years.
2. Non-Violent Felonies and Misdemeanors: These charges may result in shorter prison terms, probation, or other alternative sentences. For instance, CPW 4th Degree, a misdemeanor, can result in up to one year in jail.

When to Seek Legal Advice

Given the complexities and severe consequences of gun possession charges, it is crucial to seek legal advice if you are facing such charges. A legal professional can provide personalized guidance based on the specifics of your case.

For more detailed information, you can refer to the [New York Penal Law](https://www.nysenate.gov/legislation/laws/PEN) and the [New York State Unified Court System](https://www.nycourts.gov/).

Remember, this information is intended to provide a general understanding and should not be considered legal advice. Always consult with a qualified attorney for advice tailored to your specific situation.