Today, we want to talk about an important topic in the world of criminal defense: enhanced sentencing for gun possession in New York State if you have prior convictions. Gun possession laws in New York State are among the strictest in the country, and the penalties for the crime become significantly worse for people who commit the crime with a prior conviction. 

For defendants in Buffalo and Western New York, and surrounding areas, understanding how prior criminal history impacts firearm charges is a big deal. Not only does it help you, but it will help us do our job when it comes to being your lawyer if you're on trial. Our job here is not to judge, it's to understand, and this is the next topic we want to educate you on before we defend you. 

In this blog, we will break down how enhanced sentencing works in New York State for gun possession if you're someone who has prior convictions.

What Does New York State Define as a Gun Possession Crime?

Let's start by looking at how New York State defines what a gun possession crime is. As we noted, the laws here are strict, and unlike most other crimes, they carry far bigger penalties. Firearms crimes are defined by a degree (ex. 1st Degree or 2nd Degree), and if you're convicted, penalties for possession can increase if you are caught with a certain type of weapon, if there was intent to use it on someone, and, of course, if you carry any criminal history with it.

Here's an example: a misdemeanor in New York State is less serious than a felony but more severe than an infraction, basically in between both in its severity. Possession of a weapon in the 4th degree is what could be seen as a misdemeanor. More serious facts or prior disqualifications may result in separate, higher charges, but that is not always a direct elevation of the same charge. In New York State, if ANY crime affects the charges, it could still be elevated. Basically, certain subsections of Criminal Possession of a Weapon in the 3rd degree require prior convictions as an element of the offense itself.

Prior Convictions Enhancing a Criminal Charge

So now that you have some level of understanding of how this works, let's take a look at the enhancement of a criminal charge based on any prior convictions and expand it in better detail. There are a couple of laws that we want to look at as great examples, one that we just mentioned: Criminal Possession of a Weapon in the Second Degree and Criminal Possession of a Weapon in the Third Degree. 

We recommend you read more about the 2nd degree and the 3rd degree on the official New York Senate government website to understand how they work, but both do have aspects to them that would affect prior convictions. For the 3rd degree, an offense can be turned into a Class D violent felony. A determinate sentence ranging from 2 to 7 years in prison, followed by mandatory post-release supervision.

Beyond what could come from a charge being elevated in those two examples, the enhanced sentencing is done under New York's repeat offender statutes. This is a topic we've actually discussed before in a previous blog. 

A second felony offender is someone who received a prior felony conviction within the past 10 years (excluding incarceration time), while a persistent felony offender is someone with two or more prior convictions. To clarify, persistent felony offender status is discretionary and requires a court determination, not just the existence of two prior felonies. Heavy prison time to even a life sentence are some of the bigger enhanced penalties that are carried forward. Also, these can still apply if the crime you committed did not involve a weapon.

How a Defense Attorney Can Defend Against Enhanced Sentencing

An experienced criminal defense attorney will examine whether a prior conviction legally qualifies for enhanced sentencing. Not all prior convictions can do this. For all you know, the crime could've been committed in another state that has different laws from how this works. That can be challenged in court! There have been times when judges have rejected enhanced sentencing orders where prior out-of-state convictions did not align with New York felony definitions.

This is why you should give DuBois Law a chance if you need help with a case centered on weapons charges. We already have a weapons charges page on our website that you should go and read, and if you are in need of help for a defense or want to learn more, give us a call and reach out through our contact form. We look forward to assisting you!

Criminal Defense FAQ

What is enhanced sentencing for gun possession in New York State?

In New York State, if you have a prior conviction on a criminal charge, the severity of that charge may be elevated, carrying harsh penalties and longer prison time. Repeat offender laws can also play into this. A few examples include a felony offender and a persistent felony offender status, and regardless of whether the prior offense involved a weapon, it will still carry heavy prison time. However, not all prior convictions qualify for enhanced sentencing, and we at DuBois Law can challenge whether a past conviction meets the criteria under New York's legal standards that you are looking to learn and be educated on.

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS IS NOT LEGAL ADVICE. DANIEL DUBOIS AND ANY DUBOIS LAW ATTORNEYS ARE NOT YOUR ATTORNEYS UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.