New York Penal Law 265.01 Criminal Possession of a Weapon in the Fourth Degree Lawyer
Criminal possession of a weapon in the fourth degree is a broad New York weapons charge. It can involve firearms, stun devices, certain knives, metal knuckles, imitation pistols, dangerous instruments possessed with unlawful intent, prior-conviction rifle or shotgun allegations, armor-piercing ammunition, ghost guns, or unfinished frames and receivers.
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.
- The object was a weapon, firearm, dangerous instrument, ammunition, ghost gun, unserialized frame, unfinished frame, or other item covered by the charged subdivision.
- The accused knowingly possessed the item, either physically or constructively.
- If the subdivision requires intent to use unlawfully, the prosecution must prove that specific intent.
- If the charge depends on a prior conviction, citizenship status, certification, licensing, ghost-gun status, or unserialized-frame status, that added fact must be proven.
- Police must have obtained the evidence lawfully, including any stop, frisk, car search, home search, phone search, or warrant execution.
Example of How This Charge May Be Alleged
A person may be charged after police claim they recovered a prohibited knife, imitation pistol, firearm, or alleged ghost gun from a pocket, backpack, car, apartment, or workplace. The defense may turn on possession, legality of the search, whether the item fits the statutory definition, and whether any required intent can be proven.
Defense Issues
- Illegal stop, frisk, search, or vehicle/home entry.
- No knowing possession or insufficient constructive-possession proof.
- The item does not meet the statutory definition.
- No intent to use unlawfully where intent is required.
- Licensing, exemption, surrender, registration, or mistaken-identity issues.
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 265.01 is listed as Class A misdemeanor. 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
Is CPW fourth degree always a firearm case?
No. Penal Law 265.01 covers many weapon and dangerous-instrument theories, not only firearms.
Can CPW 4 be reduced or dismissed?
Sometimes. Search issues, possession problems, statutory-definition issues, and proof of intent can all affect the result.
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.