Weapons-Related Violent Crimes: What You Should Know

Violent crimes involving weapons carry some of the most severe penalties under New York law. People accused of these crimes are well-advised to understand how prosecutors classify weapons charges and what a conviction can mean. Admitted to the New York State Bar in 2001, New York criminal defense lawyer Benjamin Greenwald has personally handled thousands of weapons-related violent crime cases. Call the Law Office of Benjamin Greenwald at (845) 567-4820 to learn more.

Summary of New York Violent Crimes and Weapon Charges

In 2026, New York classifies violent weapon-related crimes according to the type of weapon involved, the intent behind the use of the weapon, and the harm caused to the victim.

• The crime known as criminal possession of a weapon is classified as a felony or misdemeanor based on the weapon used and where it was found.
• Assault, robbery, and menacing charges become more serious when a deadly weapon or dangerous instrument is involved.
• Attempted murder charges frequently accompany weapons offenses.

To better serve you, the Law Office of Benjamin Greenwald represents clients accused of weapons-related violent crimes in Orange, Sullivan, Ulster, Dutchess, and Rockland counties in New York.

Criminal Possession of a Weapon

In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court established when police can lawfully stop and search a suspect for weapons. That standard still shapes how District Attorney’s Offices, such as the Orange County District Attorney’s Office, build these cases today. Looking at the statutes, Article 265 of the New York Penal Law defines criminal possession of a weapon and covers items ranging from brass knuckles to loaded firearms. Additionally, New York Penal Law section 265.01 makes possession of certain weapons a class A misdemeanor. Under New York Penal Law section 265.03, certain offenses can raise a weapon charge to a class C felony. Possession of certain firearms with intent to use illegally, possession of five or more firearms, or possession of a loaded firearm outside of the individual’s home or place of business all may be classified as a class C felony. 

Additionally, Criminal Possession of a Weapon and Criminal Possession of a Firearm are two distinct charges, and may carry different penalties from each other. 

Assault with a Deadly Weapon

Local prosecutors charge assault with a deadly weapon under New York Penal Law section 120.05, a class D felony carrying up to seven years in prison. When the injury is serious, prosecutors can pursue assault in the first degree (New York Penal Law section 120.10), a class B felony. That charge carries a maximum sentence of 25 years in state prison. Courts examine the type of weapon used and the extent of the victim’s injuries in these cases. In People v. Owusu, 93 N.Y.2d 398 (2000), the Court of Appeals held that an object was a “dangerous instrument” based on how it was used.  

Robbery with a Weapon

New York Penal Law section 160.15 classifies robbery as being in the first degree when someone uses or threatens to use a dangerous instrument or firearm. A “dangerous instrument” is anything that, under the circumstances it’s used, is readily capable of causing death or serious physical injury. Additionally, New York Penal Law section 160.10 defines robbery in the second degree as being aided by another person or involving a displayed firearm. Robbery in the first degree, on the other hand, is a class B felony and carries longer prison terms than robbery without a weapon.

Menacing with a Weapon

Menacing with a weapon means to intentionally display what appears to be a deadly weapon to cause someone fear of injury or death. Touching the person or threatening him or her is not necessary. Likewise, the weapon does not have to be real. Under New York Penal Law section 120.14, menacing in the second degree is a class A misdemeanor. New York Penal Law section 120.13 defines the charge of menacing in the first degree, a class E felony. The first degree charge applies to repeat offenders who commit a second charge within 10 years of the first conviction. Prosecutors must show that the alleged victim reasonably believed the weapon could cause immediate harm. The weapon does not need to be fired or loaded for a menacing charge to apply.

Illegal Firearm Possession

Illegal firearm possession in New York involves owning, carrying, or transporting a gun without a valid license under section 400.00. Possessing a loaded firearm outside a person’s home or office without a valid license is a felony under Article 265. Federal law adds another layer of restriction as 18 U.S.C. section 922(g) prohibits convicted felons from having guns altogether. Someone charged under both state and federal statutes can be prosecuted in Rockland County Court as well as in federal district court. The overlap between state and federal firearm laws often complicates how these cases proceed.

Attempted Murder 

New York Penal Law section 110.00 defines a murder attempt as conduct that comes dangerously close to completing the crime. Prosecutors often add this charge alongside a weapons offense when someone tries to kill another person. Combined with murder in the second degree (New York Penal Law section 125.25), an attempted murder charge becomes a class B felony. Prosecutors must prove specific intent to cause death, not merely intent to cause injury. 

Murder

New York murder laws also carry unique specifications for different degrees of offense. First degree and second degree murder are legally distinct in ways that defendants may not expect. Second degree murder is a charge typically reserved for killing a third person with intent to cause death or acting with depraved and reckless disregard for human life, sometimes including unintended deaths when engaging in certain statutory criminal activities. Murder in the first degree is more specific, applying to murder of specific individuals (such as police officers, peace officers, emergency services first responders, etc.), contract killings, multiple victims, prior murder convictions, torture, acts of terror, and more. 

Contact a New York Violent Crimes Defense Lawyer Today!

Violent crimes involving weapons demand a strategic legal defense built on a thorough understanding of New York law. New York violent crimes attorney Benjamin Greenwald has served on the board of the Alcoholism and Drug Abuse Council of Orange County and remains active in Hudson Valley political organizations. The Law Office of Benjamin Greenwald represents clients throughout Orange County, Sullivan County, Ulster County, Dutchess County, and Rockland County. Call the Law Office of Benjamin Greenwald at (845) 567-4820 to set up a free consultation. Se habla español.

Helpful Frequently Asked Questions About Weapons-Related Violent Crimes in New York

The following FAQs can help clarify common confusions regarding weapon charges and violent crimes in New York.

Can Weapons Charges Be Reduced Through Plea Negotiations?

Prosecutors sometimes agree to reduce a weapons charge in exchange for a guilty plea to a lesser offense. This outcome depends on the strength of the evidence and the defendant’s prior record.

Does a Valid Pistol Permit Prevent All Weapons Charges?

A valid permit does not protect someone from prosecution if the firearm is used unlawfully or carried outside the terms of the license. Plus, violations of permit conditions can also result in criminal charges.

What Is the Difference Between a Weapons Charge and a Violent Felony Offense?

New York classifies certain weapons charges as violent felony offenses under Penal Law section 70.02, which carry mandatory minimum sentences. Not every weapons charge meets this classification, so the specific statute matters.

Can a Weapons Conviction Be Sealed in New York?

Under New York Criminal Procedure Law section 160.59, some convictions qualify for sealing after a waiting period. Violent felony offenses are generally excluded from this relief.

Do Weapons Enhancements Affect Parole Eligibility?

Yes, a weapons enhancement can extend the mandatory minimum sentence a defendant must serve before becoming eligible for parole. Parole boards also weigh the nature of the offense when making early release decisions.