Mandatory Sentencing for Criminal Possession of a Weapon Felonies in New York
If a person is convicted of Criminal Possession of Weapon in the Second Degree, that person must receive a mandatory minimum of 3 1/2 years in state prison. That is a hard and fast minimum. Probation is an illegal sentence. No joke. The judge is powerless to sentence a person convicted of criminal possession of weapon in the second degree to one second less than 3 1/2 years. Furthermore, the maximum sentence is 15 years. In the real world, it is actually rare for a person to receive the minimum possible sentence. Therefore, if a person is convicted of criminal possession of a weapon in the second degree, the odds are that this person will go to jail for a period of time even greater than 3 1/2 years.
Criminal Possession of a Weapon in the Third Degree isn't much better. The minimum for Criminal Possession of a Weapon in the Third Degree is 2 1/2 years and the maximum is 7 years.
Criminal Possession of a Weapon in the Fourth Degree is a misdemeanor and carries "only" a one year maximum. There is no minimum. But multiple convictions of the misdemeanor can stack up consecutively.