If you’ve been charged with criminal use of a firearm in New York, you’re facing one of the most serious weapon-related offenses under state law. If you have been charged with criminal use of a firearm, here are the two degrees that you could be charged with.

Criminal use of a firearm in the second degree

https://www.nysenate.gov/legislation/laws/PEN/265.08

Criminal use of a firearm in the second degree is a class C felony according to New York Penal code 265.08. You are guilty of this charge:

  • If you possess a deadly weapon that is loaded and readily capable of producing death or other serious injury
  • If you display a pistol, revolver, rifle, shotgun, machine gun or other firearm.

If you are charged with criminal use of a firearm in the second degree, you could face a fine and a minimum of 3.5 years in prison with a maximum of 15 years.

Criminal use of a firearm in the first degree

https://www.nysenate.gov/legislation/laws/PEN/265.09

Criminal use of a firearm in the first degree is a class B felony according to New York Penal code 265.09. You are guilty of this charge:

  • If you commit any class b violent felony offense and you either possess a deadly weapon that is loaded and readily capable of killing or seriously injuring someone or displaying a pistol, revolver, rifle, shotgun, machine gun or other firearm.

If you are charged with criminal use of a firearm in the first degree, you could face an additional five years to the other sentence you are convicted of. In certain cases, you will not be eligible for release on parole or a conditional release.

A conviction for any degree of weapon possession can lead to jail time, fines, probation, and a permanent criminal record