New York City Criminal Court Information

Presented by Shalley & Murray 718-268-2171

Information about the New York City Criminal Court System including New York City Criminal Defense Lawyers prepared by New York City Criminal Attorney Don Murray.

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.

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