Criminal possession of a weapon in the first degree is charged when prosecutors allege possession of an explosive substance with intent to use it unlawfully against another person or property, or possession of ten or more firearms. These cases often involve search warrants, firearm tracing, expert testing, and parallel federal interest.
What Prosecutors Must Prove
Article 265 charges are not all the same. The New York Criminal Jury Instructions and Penal Law separate weapon possession, firearm possession, firearm use, firearm sale, sensitive-location, ghost-gun, and degree-based allegations. The specific subdivision controls the defense.
- Knowing possession of the explosive substance or ten or more firearms.
- For explosive-substance cases, intent to use the substance unlawfully against another person or property.
- For ten-firearm cases, proof that the items are firearms under the statute and that the accused possessed all required items.
- Operability, classification, chain of custody, tracing, location, and expert evidence.
- A lawful search and seizure, especially when police use home, storage-unit, vehicle, or digital-search warrants.
Example of How This Charge May Be Alleged
A first-degree weapon case may follow a warrant search alleging a firearm collection, alleged trafficking investigation, storage-unit search, or explosive-material allegation. The defense must examine ownership, control, licensing, statutory definitions, whether all items count, and whether the search was valid.
Defense Issues
- Challenge the search warrant, scope of search, or seizure of items.
- Dispute knowing possession or dominion and control over all required firearms.
- Challenge whether the items legally qualify as firearms or explosive substances.
- Attack intent to use unlawfully where that theory is charged.
- Coordinate state and federal exposure analysis early.
Evidence That Needs Immediate Review
Weapons and firearm cases often depend on body camera video, car-stop details, warrant papers, DNA, fingerprints, ballistics, operability testing, ammunition evidence, phone extractions, location data, confidential informants, undercover recordings, and statements. Early review can change how the case is charged, negotiated, or tried.
Lebedin Kofman LLP handles New York state weapon cases, federal firearm matters, serious felony defense, DWI-related weapon issues, and cases involving search warrants, vehicles, apartments, workplaces, and shared spaces.
Sentencing and Exposure
New York Penal Law 265.04 is listed as Class B felony. Actual exposure depends on the exact subdivision, prior record, violent-felony status, federal overlap, immigration or licensing concerns, bail posture, and whether the charge is tied to robbery, burglary, assault, drug trafficking, homicide, or another felony.
Related Weapon, Firearm, and Felony Pages
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Frequently Asked Questions
What makes CPW first degree different from CPW second degree?
First-degree CPW focuses on explosive-substance intent or possession of ten or more firearms. CPW second degree focuses on loaded firearms, intent-to-use theories, and five-or-more-firearm theories.
Can a state weapon case become federal?
Yes. Firearm, trafficking, felon-in-possession, interstate-commerce, and search-warrant facts can create federal interest. The firm handles federal criminal defense as well as New York state charges.
Speak With a New York Weapons Defense Lawyer
If you are charged, under investigation, or worried about a weapon, firearm, ghost-gun, search-warrant, or firearm-sale allegation, contact defense counsel before speaking with law enforcement.
Prior results do not guarantee a similar outcome. This page provides general information only and is not legal advice. Every case must be evaluated on its own facts and circumstances.
Why People Call Lebedin Kofman LLP
When a criminal allegation, DWI arrest, federal investigation, Title IX matter, or high-stakes accusation can affect your freedom, license, job, education, immigration status, or reputation, you should be able to speak with a defense lawyer quickly and get a clear plan.
- Speak with a lawyer about an arrest, investigation, court date, order of protection, license consequence, or federal exposure.
- Get early guidance before speaking with police, prosecutors, school investigators, insurers, agencies, or employers.
- Review defense options including dismissal, reduction, suppression issues, trial posture, negotiation strategy, and collateral consequences.