How Much Jail Time for a Gun Charge in New York, NY
How much jail time one can get for a gun charge in New York would depend on the offense committed and the corresponding felony for that particular offense.
Calculation of Jail Time for a Gun Charge
Generally, gun charges can be classified into possession, use, and sale or manufacture. In calculating the sentence for felonies, courts have the discretion to impose the minimum sentence, which is usually one year to 1/3 of the maximum term, until the maximum period.
New York courts, however, also have discretion to impose an alternative definite sentence for class D and E felonies, which is imprisonment for one year or less, taking into consideration the nature and circumstances of the crime, the history and character of the defendant, and the harshness of the imposition of an indeterminate or determinate sentence.
Below is a summary of the gun charges in New York, the type of offense, and the sentence. In all of the offenses below, a definite sentence of imprisonment of one year or less may be imposed by the New York court in its discretion for class D and E felonies, as previously mentioned. The minimum sentence for felonies could be any time between one year to 1/3 of the maximum term.
| Section | Offense | Sentence |
| 265.01: Criminal possession of a weapon in the fourth degree | Class A misdemeanor | Imprisonment <364 days |
| 265.01-A: Criminal possession of a weapon on school grounds | Class E felony | 1-4 years |
| 265.01-B: Criminal possession of a firearm | Class E felony | 1-4 years |
| 265.01-C: Criminal Possession of a rapid-fire modification device | Class A misdemeanor | Imprisonment <364 days |
| 265.01-D: Criminal possession of a weapon in a restricted location | Class E felony | 1-4 years |
| 265.01-E: Criminal possession of a firearm, rifle or shotgun in a sensitive location | Class E felony | 1-4 years |
| 265.02: Criminal possession of a weapon in the third degree | Class D felony | 1-7 years |
| 265.03: Criminal possession of a weapon in the second degree | Class C felony | 1-15 years |
| 265.04: Criminal possession of a weapon in the first degree | Class B felony | 1-25 years |
| 265.05: Unlawful possession of weapons by persons under 16 | Juvenile Delinquent | |
| 265.06: Unlawful possession of a weapon upon school grounds | Violation | Imprisonment <15 days |
| 265.08: Criminal use of a firearm in the second degree | Class C felony | |
| 265.09: Criminal use of a firearm in the first degree | Class B felony | Additional 5 years to the Class B violent felony conviction |
| 265.10: Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances | Class B misdemeanor – first offense | Imprisonment <3 months |
| 265.11: Criminal sale of a firearm in the third degree | Class D felony | 1-7 years |
| 265.12: Criminal sale of a firearm in the second degree | Class C felony | 1-15 years |
| 265.13: Criminal sale of a firearm in the first degree | Class B felony | 1-25 years |
| 265.14: Criminal sale of a firearm with the aid of a minor | Class C felony | 1-15 years |
| 265.16: Criminal sale of a firearm to a minor | Class C felony | 1-15 years |
| 265.17: Criminal purchase or disposal of a weapon | Class D felony | 1-7 years |
| 265.19: Aggravated criminal possession of a weapon | Class C felony | 1-15 years |
| 265.35: Prohibited use of weapons | Class A misdemeanor / Class E felony (depending on the circumstances) | Class A misdemeanor: Imprisonment <364 days |
| 265.37: Unlawful possession of certain ammunition feeding devices | First offense: Violation or Class B misdemeanor (depending on rounds of ammunition) | Violation: Imprisonment <15 days Class B misdemeanor: Imprisonment <3 months |
| 265.38: Unlawful sale of a non-microstamping-enabled firearm | First violation: Fine and/or suspension or revocation of dealer’s license | |
| 265.50: Criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun | Class D felony | 1-7 years |
| 265.55: Criminal possession of an undetectable firearm, rifle or shotgun | Class E felony | 1-4 years |
| 265.60: Criminal sale of a ghost gun in the second degree | Class E felony | 1-4 years |
| 265.61: Criminal sale of a ghost gun in the first degree | Class D felony | 1-7 years |
| 265.63: Criminal sale of a frame or receiver in the second degree | Class E felony | 1-4 years |
| 265.64: Criminal sale of a frame or receiver in the first degree | Class D felony | 1-7 years |
| 265.65: Criminal purchase of a semiautomatic rifle | First offense: Class A misdemeanor | Imprisonment <364 days |
| 265.66: Criminal sale of a semiautomatic rifle | Class E felony | 1-4 years |
Defenses to a Gun Charge
Despite these jail terms that can be imposed for a gun charge, your criminal defense attorney can negotiate a plea bargain with the district attorney’s office, depending on the strength of your defense, the weakness of the prosecution’s evidence, and the severity of the charge.
It is not unheard of to plea bargain for Adjournment in Contemplation of Dismissal or a voluntary plea for Disorderly Conduct (which is a violation) for charges of criminal possession of a firearm. A voluntary plea of disorderly conduct allows a person to answer no, in case there is a question of whether such person has a criminal record. In the same way, an adjournment in contemplation of dismissal is a dismissal of the charge if the person charged stays out of trouble in the next six (6) months.
A gun charge can be a serious offense that can hurt your career prospects, if not handled appropriately by your criminal defense lawyer. If you are wondering whether you will receive jail time for a gun charge and you need assistance in handling a gun charge, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].