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What could the charge be for criminal possession of a so called "billy club" in the state of new york?

Schenectady, NY |

i am trying to find out what the charge/charges could be for criminal possession of a billy club could be with a two time convicted felon.

Attorney Answers 5

Posted

Could be charged with criminal possession of a weapon in the third degree a class D felony.

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Posted

7 years on a D felony bump up due to the prior conviction.

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.

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Posted

Normally this would be charged as Criminal Possession of a Weapon in the 4th Degree, a class A misdemeanor under PL 265.01. However because of the prior conviction, they will likely charge Criminal Possession of a Weapon in the Third Degree, a class D felony punishable up to 7 years jail. I copied the statute for your information.

§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:
(1) Such person commits the crime of criminal possession of a weapon
in the fourth degree as defined in subdivision one, two, three or five
of section 265.01, and has been previously convicted of any crime
Richard Southard
212-385-8600
I am a former Deputy Bureau Chief with the Brooklyn District Attorney's Office who has been specializing in criminal law for over 15 years. I offer free consultations by telephone, in-office or by videoconference.

All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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Asker

Posted

okay so let me ask you this. when someone has a 2 prior felonies and the courts are try to charge the person with 2 felony weapons charge for obviously the "billy club" but also a taser could the person end up spending life in prison, do we have the 3 time loser law as my dad calls it?

Posted

Likely to be charged as a CPW3.

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Posted

It is a misdemeanor but the DA can elevate it to a felony because of the prior conviction.

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) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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