Criminal Use of a Firearm is one of the various sorts of firearm-related crimes in New York. Criminal Use of a Firearm
is frequently charged in conjunction with two other violent felonies: Criminal Possession of a Firearm and another New York offense classified as a class B or class C violent felony. An effort to commit a class A felony, which is reduced to a class B felony, and an attempt to commit a class B felony, which is reduced to a class C felony, are also included in the violent felony categories.
There are over 20 offenses classified as class C violent felonies, including:
Sexual Abusive Conduct in the Second Degree
Second-degree Burglary and Second-degree Criminal Possession of a Weapon
Theft of the Second Degree
The First Degree of Strangulation
Approximately twenty crimes are classified as class B violent felonies, including:
First-Degree Criminal Possession of a Dangerous Weapon
First-Degree Homicide in the First Degree
First-Degree Violation and First-Degree Theft
Criminal Use of a Firearm in the First Degree in the First Degree is a violent felony of class B. A conviction carries a minimum mandatory jail term of five years and a maximum prison term of twenty-five years if the defendant has no prior felony convictions.
In addition, if a person is guilty of displaying a loaded and operable firearm, the judge must impose an extra 5-year term to run concurrently with the sentence for the underlying class B violent crime on which the Criminal Use of a Firearm in the First Degree conviction is founded.
A judge is not required to impose the additional 5-year consecutive sentence if it is determined that the additional jail term would be disproportionately harsh and compatible with public safety given the nature and circumstances of the firearms crime and the history and character of the charged individual. In addition, it is a period of extra post-release supervision lasting between 2.5 and 5 years.
Prohibited Weapons Use
Any person who willfully discharges a loaded firearm or any other gun whose propelling force is gunpowder at an aircraft while such aircraft is in motion in the air or in motion or stationery on the ground, or at any railway or street railroad train or at a locomotive, car, bus, or vehicle standing or moving upon such railway, railroad, or public highway is charged with Prohibited Use of Weapons, a class E felony.
As a class D felony, Prohibited Use of Weapons is charged when the aforementioned is asserted and any person’s safety is endangered.
Notably, the regulation only applies to stationary or moving aircraft, trains, vehicles, and buses. The Prohibited Use of Weapons also prohibits discharging a loaded firearm at any airplane, rail, vehicle, or bus. In other words, a person cannot be charged with Prohibited Use of Weapons if the firearm is discharged near any form of transportation; it must be discharged at one of them.
When charged with Prohibited Use of Weapons, additional charges include Criminal Possession of a Weapon in the Second Degree, Homicide, or an attempt to commit Homicide, Assault in the First or Second Degree, or an attempt, or Reckless Endangerment.
In New York, Prohibited Use of Weapons is rarely charged because the underlying state felonies and federal crimes carry harsher penalties.
Prohibited Weapons Use Penalties
Depending on the allegations, Prohibited Use of Weapons in New York is either a class D violent or class E felony. Both are non-violent felonies for which there is no required minimum prison sentence.
Other possible punishments for Prohibited Use of Weapons include a three-year conditional discharge if it is determined that probation supervision is unnecessary, and the circumstances permit release. In addition, a judge may sentence a defendant to 3, 4, or 5 years of probation or a split sentence of up to six months in jail and five years of probation.
The Law Office of Benjamin Greenwald is a Criminal Firearm Use Attorney Orange County NY that specializes in defending those accused of using firearms illegally. If you have been charged with a crime related to the use of a firearm, it is important to consult with an experienced attorney who can help you navigate the legal process and protect your rights. Attorney Benjamin Greenwald has extensive experience handling these types of cases and will work tirelessly to defend you. Contact the Law Office of Benjamin Greenwald today to schedule a consultation.