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Does my situation fall under the statute of limitations for NY?

Batavia, NY |

If I am arrested for criminal possession of a weapon in the 4th degree and Forget about it and find out later that the charge was changed to criminal possession of a weapon in the 3rd degree due to a previous conviction am I still covered by the 5 year statute of limitations for the COW in the 3rd ?

Attorney Answers 3


  1. Best answer

    No--if you were arrested within 5 years, the statute was met. If your case is in warrant status, the 5 years is not an issue.
    It needs to be cleared up.

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. Once you were arrested the statute of limitations was met and is no longer an issue.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. If the original charge had not expired under the S/L and you were then charged with the escalated crime, and the latter still within the 5 years, then there is no S/L defense. If there was a warrant issued at any point during the time line within the S/L, the clock stops and you can be prosecuted once apprehended.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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