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Grand Larceny Weapon
Prosecutors in New York City’s boroughs of Manhattan, Brooklyn, Queens and the Bronx as well as the Hudson Valley’s surrounding communities in Westchester, Putnam, Dutchess, Orange and Rockland counties have a zero-tolerance policy for any case that involves unlawful and illegal weapon or firearm possession. Make no mistake and have no misgivings. Read that statement ten times if necessary. By all means you should consult with both a theft crime lawyer and firearm crime defense attorney versed in New York weapon statutes and larceny crimes, but any attorney who knows even the slightest bit about these offenses will tell you the same thing. New York State has some of the toughest laws on the books when it comes to unlawful gun possession and Grand Larceny in the Fourth Degree, New York Penal Law 155.30, based on the theft of a firearm.
The Legal Basics: NY Penal Law 155.30(7)
Although the unlawful possession of a loaded firearm outside your home or place of business is by far a more serious offense, the zero-tolerance policy facing certain weapons has transferred over to the Grand Larceny statute. Pursuant to New York Penal Law 155.30(7), if you steal property and that property consists of one or more firearms, rifles or shotguns, you can be charged with a felony punishable by up to four years in prison. To make matters worse, if you possess a firearm without a permit and it is loaded, whether you are arrested by the Westchester County Police, the NYPD or any other police agency, you will find yourself also charged with a "C" felony of Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03. While its bad to steal a gun, especially if it happens to be loaded, relatively speaking it is far worse to possess that unlawful firearm as PL 265.03 is punishable by up to fifteen years in prison with a mandatory minimum sentence of three and one half years. Even if the firearm is unloaded, because by default a stolen firearm is not legally registered to you, the District Attorney can still prosecute you for Criminal Possession of a Firearm, NY Penal Law 265.01-b(1).
- Criminal Possession of a Weapon in the Second Degree: NY PL 265.03
- Criminal Possession of a Firearm: NY PL 265.01-b(1)
Similar to Grand Larceny in the Fourth Degree as it relates to motor vehicles, Grand Larceny in the Fourth Degree as it pertains to firearms and other weapons bumps up an otherwise misdemeanor crime to a felony offense. If, for example, you steal a computer worth $900, that crime is only a misdemeanor pursuant to New York Penal Law 155.25, Petit Larceny. If you steal a $900 firearm, the crime is now a violation of New York Penal Law 155.30(7) and automatically a felony punishable by up to four years in prison. Again, the severity of this offense should be quite clear. No matter how you cut it, if you steal or illegally possess a firearm in the State of New York, you should unquestionably expect the full weight of the criminal justice system on your shoulders.
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Whether you are charged with the wrongful taking or unlawful possess of a firearm, or both, or you have since jettisoned the firearm in question and only possess the ammunition or bullets, there will be no way around a figurative law enforcement assault. As frightening a prospect as an unsympathetic judge, prosecutor and jury may be, remember that an accusation is not the equivalent to a finding of guilt. If you are smart, motivated and understand what is at risk, upon hiring the best criminal lawyer in New York for your case you can take the necessary steps to hold the prosecution to its burden, challenge the legality of police conduct, and even mitigate your actions if all else fails.
If you are charged with Grand Larceny in the Fourth Degree pursuant to New York Penal Law 155.30(7) and the District Attorney is relentless in his or her pursuit of your accountability, whether the evidence supports a conviction or not, contact the New York criminal defense lawyers and former Manhattan prosecutors at Saland Law to ensure that experience, knowledge and advocacy is your strongest defense.
Call the Grand Larceny criminal lawyers and former NYC prosecutors at (212) 312-7129 or contact us online today.
