Being charged with Criminal Possession of a Weapon (CPW) in New York is a serious matter that can impact your freedom, your future, and your peace of mind. The state’s strict gun laws mean that even minor mistakes, like carrying a weapon without the proper license or unknowingly having one in your possession, can lead to harsh penalties. A CPW conviction can result in jail time, steep fines, a permanent criminal record, and the loss of important rights, such as the ability to own firearms or pursue certain careers.
Having a defense lawyer who truly understands what’s at stake can make all the difference. At Law Offices of Jason Bassett, P.C., our seasoned New York criminal possession of a weapon defense lawyer can help you take control of your situation. Suffolk County criminal defense attorney Jason Bassett knows how a skilled defense is critical when facing such charges, and takes a focused, personalized approach to build a strong strategy tailored to your unique circumstances.
Your case deserves more than a one-size-fits-all approach. Take the first step toward defending your future and contact us at (631) 259-6060 today.
President of the Suffolk County Criminal Bar Association - 2024-2025
Mr. Jason Bassett treated my son’s case with respect, he showed empathy and was very patient with the many concerns I had during my son’s court dates. Very professional and if I have to use him again there would be no question that I would. I would most definitely recommend him.
Criminal Possession of a Weapon is an offense that applies when someone is found unlawfully possessing a firearm, knife, or other prohibited weapon. The law doesn’t just cover guns; it includes a variety of items that could be considered dangerous under New York’s strict statutes.
Possession doesn’t always mean the weapon was physically on you. You could be charged just because a weapon was found in your vehicle, your home, or even in a bag you were carrying. Intent and knowledge of the weapon’s presence often play a big role in these cases.
NYPL § 265 applies to more than just firearms. Some of the weapons that could lead to a CPW charge include:
Even if you didn’t use the weapon or intend to harm anyone, simply having it in your possession without proper authorization could lead to criminal charges
Jason Bassett is a dedicated New York criminal possession of a weapon defense lawyer who knows exactly how to approach your case with precision and care. With a steady and focused approach, our team stands by your side, protects your rights, and builds a defense tailored to your unique circumstances.
Contact us today for a free consultation to discuss your case.
New York takes weapon possession charges seriously, with penalties that increase based on the degree of the offense. Each degree of Criminal Possession of a Weapon (CPW) has its own criteria, tied to factors like the type of weapon, intent, and your criminal history.
Fourth-degree CPW is the least severe charge, but it shouldn’t be taken lightly. It’s a Class A misdemeanor, which means it can still result in significant penalties and create a criminal record.
This charge often applies to situations like:
If convicted, you could face up to 1 year in jail, probation, and fines. Even a misdemeanor conviction can impact your future, so addressing this charge promptly is critical.
Third-degree CPW is a Class D felony, which carries more severe consequences. This charge typically applies when aggravating factors are present, such as:
Convictions for third-degree CPW can result in up to 7 years in prison, along with fines and other penalties. The presence of prior criminal history often makes this charge more challenging to defend.
Second-degree CPW is one of the most serious weapon possession charges. It’s classified as a Class C felony and often involves weapons that pose a significant threat to public safety.
This charge applies in cases like:
If convicted of second-degree CPW, you could face up to 15 years in prison, with minimum sentencing requirements in some cases. A charge at this level can have life-altering consequences, including long-term restrictions on your rights.
First-degree CPW is the most severe level of this charge. It’s a Class B felony, often involving large quantities of weapons or weapons with substantial destructive potential.
You could face this charge if:
A conviction for first-degree CPW comes with a prison sentence of up to 25 years, hefty fines, and permanent damage to your reputation and future opportunities.
The penalties for CPW charges go beyond prison time and fines. A conviction can lead to:
The severity of these penalties depends on the degree of the charge and any aggravating factors. Even if this is your first offense, the impact can follow you for years.
Criminal Possession of a Weapon Defense Lawyer Jason Bassett knows how to approach your case with precision and focus. He understands the stakes and can work with you to challenge evidence, negotiate for reduced charges, or fight for a dismissal. Contact Jason Bassett today to start building your defense.
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Jason Basset was the greatest I must say! All of my concerns were dealt with and most of all he did his best to make sure I was happy with the decision. The respect and hard work he did for me will never go unnoticed.
New York Criminal Possession of a Weapon (CPW) Defense Lawyer - Jason Bassett
Jason Bassett, Esq. is a dedicated criminal defense attorney with a career built on protecting individuals against the full force of government and corporate power. With experience as both a prosecutor and defense attorney, he brings a comprehensive understanding of the system and uses it to fight aggressively for clients charged with Criminal Possession of a Weapon in New York. His practice is centered on safeguarding the rights of those facing the scrutiny of prosecutors, police departments, and federal or state agencies.
Mr. Bassett’s background includes service as an Assistant District Attorney in Queens County, a Principal Assistant County Attorney in Suffolk County, and a Special Assistant Attorney General for the State of New York. Combined with his years in private practice, he has developed a unique skill set to take on complex cases and push back against unfair tactics. His clients benefit from his trial experience, professional memberships in leading criminal defense organizations such as the National Association of Criminal Defense Lawyers and theNew York State Association of Criminal Defense Lawyers, and his unwavering commitment to providing quality legal assistance.
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Criminal Possession of a Weapon (CPW) charges often arise from everyday situations where you might not even realize you’re breaking the law. Even a small mistake or misunderstanding can lead to serious legal consequences. Here’s a closer look at some of the most common ways these charges occur, so you can better understand the risks and how to protect yourself.
If you have a firearm in your car and don’t have the proper permit, you could face CPW charges. This applies even if the weapon isn’t loaded or wasn’t intended for use.
In New York, it doesn’t matter if the gun wasn’t yours; if it’s found in your vehicle and no one claims ownership, you could still be charged. This is because the law presumes possession if the weapon is in an area you control, such as your car. Situations like these can escalate quickly, especially during routine traffic stops.
Routine traffic stops can turn into weapon possession arrests if a firearm or other prohibited item is discovered. Police might find a weapon during a search of your car or your personal belongings, even if you didn’t intend to use it unlawfully.
However, there are instances when officers conduct searches without a valid reason, violating your constitutional rights. If this happens, it could lead to key evidence being thrown out, which may weaken the case against you. These cases require a skilled legal defense to challenge the circumstances of the search.
Domestic disputes can quickly escalate into legal trouble, especially if weapons are involved. Even if a weapon wasn’t used or threatened during an argument, simply possessing one in your home during a domestic violence incident could lead to CPW charges.
For example, if the police respond to a domestic violence call and find an unlicensed firearm or another prohibited weapon, you could be charged regardless of the circumstances. These cases are not only emotionally charged but also legally complex, as they often involve overlapping charges.
One of the most common ways people face CPW charges is through airport security incidents. You might accidentally bring a firearm, knife, or other prohibited item in your carry-on bag, thinking it was stored somewhere else.
Even if the possession was unintentional, TSA agents are required to report it, and you could be arrested for weapon possession. Airports are considered sensitive locations under New York law, which means weapon-related offenses are taken very seriously and often result in felony charges.
When minors or teenagers are caught with weapons, the legal process can look very different. Juveniles charged with CPW may face penalties through family court instead of criminal court, but the consequences can still be life-altering.
Depending on the circumstances, a young person may face detention, probation, or even a criminal record. These cases require a careful approach to ensure the best possible outcome for the child and their future.
A CPW charge can happen when you least expect it. Jason Bassett listens to your side of the story, examines the details of your case, and fights for the best possible outcome. Your future is worth protecting – call Criminal Attorney Jason Bassett today.
A CPW charge is not an automatic conviction. There are legal defenses that can help you fight the charges, reduce penalties, or even have the case dismissed. The right defense depends on the specific details of your situation, but here are some strategies that could apply to your case.
One of the most effective defenses in CPW cases involves questioning how the weapon was found. Police must follow strict rules when conducting searches. If your rights were violated, such as being searched without a warrant, probable cause, or your consent, any evidence they discovered might be inadmissible in court.
For instance, if a weapon was found during an unlawful traffic stop or a home search without a proper warrant, your attorney can argue that the evidence was obtained illegally, which could weaken the prosecution’s case significantly.
In some CPW cases, the prosecution must prove that you knowingly possessed the weapon and intended to have it under your control. If you weren’t aware of the weapon’s presence, for instance, left in your vehicle by someone else, you might be able to argue lack of knowledge.
Intent also matters. For example, if you had no intention of using the weapon unlawfully, this could play a critical role in your defense. The law views accidental possession differently from possession tied to criminal intent.
New York law recognizes two forms of possession: actual possession (physically holding the weapon) and constructive possession (having control over the area where the weapon is found). Constructive possession is often used in cases where a weapon is found in a shared space, like a car or apartment.
If the weapon wasn’t on your person and other people had equal access to it, your lawyer can challenge the prosecution’s claim that you had control over the weapon. This is especially important in situations involving vehicles, group settings, or shared living spaces.
Sometimes, CPW charges result from errors made by law enforcement or cases of mistaken identity. For example:
If there’s evidence that the police violated proper protocols or targeted you unfairly, your attorney can use this to challenge the legitimacy of the charges against you.
New York law provides certain exceptions for lawful possession, especially for individuals traveling with registered firearms. For example, if you’re transporting a legally owned, unloaded firearm through New York under federal firearm transport laws, you may have a valid defense.
However, these exceptions come with strict requirements, such as keeping the weapon unloaded and locked away. If you were following these rules, your lawyer can argue that you were acting within the law.
A CPW charge is serious, but it’s not the end of the road. Jason Bassett, our experienced New York criminal possession of a weapon defense lawyer, takes the time to understand your case and build a defense tailored to your circumstances. He knows how to identify weaknesses in the prosecution’s case and fight for the best possible outcome. Don’t let a CPW charge define your future.
Call us today to schedule a free consultation.
A Criminal Possession of a Weapon (CPW) charge in New York can sometimes lead to additional criminal charges or sentencing enhancements, depending on the circumstances of your case. These related charges often carry harsher penalties and can complicate your situation.
If a firearm is used or displayed during the commission of another crime, such as robbery, assault, or burglary, you may face additional charges for criminal use of a firearm. This charge can apply even if the firearm wasn’t discharged or loaded. A conviction under Criminal Use of a Firearm in the Commission of a Crime in relation to a Class C (NYPL § 265.08) or a Class B (NYPL § 265.08) felony can bring up to 25 years in prison with a possible 5-year enhancement.
In New York, this is considered a violent felony and can significantly increase potential penalties. Prosecutors often pursue these charges aggressively because they involve public safety concerns. A conviction could result in years of mandatory prison time, even for first-time offenders.
You don’t have to actually use a weapon to face serious charges. If prosecutors believe you possessed a weapon with the intent to use it unlawfully against another person, the charges can be elevated.
Intent is often inferred from the circumstances of your arrest. For example, if the weapon was found alongside other items like masks or gloves, prosecutors may argue it was meant for criminal activity. These cases require a strong defense to challenge the prosecution’s claims and demonstrate that you had no unlawful intent.
Your criminal history can play a major role in the penalties you face for a CPW charge. If you’ve been convicted of a felony in the past, especially one involving weapons, you could face enhanced sentencing under New York’s persistent felony offender laws.
In some cases, CPW charges might intersect with federal weapons laws. This often happens when the weapon crosses state lines, is tied to drug trafficking or organized crime, or involves prohibited items like explosives.
Federal charges are handled in coordination with state authorities and often result in harsher penalties. Federal law imposes strict minimum sentencing guidelines, which can add years to your sentence if convicted. Defending against federal charges requires careful attention to both state and federal laws, making it critical to have a lawyer who can handle these complexities.
He treated me with respect and did everything in his power to ensure I received my freedom. Excellent. He was able to do beyond what was desired and expected.
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When you’re facing a Criminal Possession of a Weapon (CPW) charge in New York, choosing the right lawyer can make all the difference in the outcome of your case. You need someone who understands the unique challenges of CPW charges and will fight to protect your rights. The lawyer you choose can have a significant impact on the outcome of your case.
New York’s gun laws are some of the strictest in the nation, and CPW cases often involve complex legal standards. An attorney familiar with these laws understands how they are applied in real-world situations and can identify opportunities to challenge evidence, argue for exceptions, or work toward reducing charges. This experience is critical in building a strong defense.
A results-oriented approach is also essential for handling CPW cases. Whether negotiating a plea deal, seeking dismissal of weak charges, or taking the case to trial, your lawyer should focus on securing the best possible outcome for you. A skilled attorney will examine the evidence, challenge the prosecution’s case, and advocate aggressively on your behalf, ensuring your side of the story is fully heard.
Because CPW arrests often happen unexpectedly, having a lawyer who is available when you need them most can bring peace of mind. Early intervention is key, and a reliable defense attorney will guide you through critical moments, such as arraignments or interactions with law enforcement, to help you avoid costly missteps.
Choosing Jason Bassett as your defense lawyer means choosing someone who will take the time to understand your unique situation and fight for your rights. With a focus on achieving meaningful results and supporting you through every stage of the process, Jason works tirelessly to protect your future.
Contact us today to start building your defense.
The right legal assistance can mean the difference between a life-altering conviction and a chance to move forward with your life. Jason Bassett, a dedicated Criminal Possession of a Weapon defense lawyer, is here to help. He fights to protect your rights, thoroughly examining your case and creating a defense strategy designed to achieve the best possible result for your situation.
Your case is too important to leave to chance. Our team is ready to stand by your side, answer your questions, and provide the guidance you need during this difficult time.
Schedule a free consultation today at (631) 259-6060.
