In New York, having a weapon on you during the commission of a crime can seriously escalate your situation. It doesn’t matter whether you actually use the weapon. As long as it’s on you, within reach or even visibly displayed, it can be a serious aggravating factor.
The law is designed this way because weapons raise the stakes by increasing the potential for violence. Here is more you should know.
What type of weapons matter?
Weapons aren’t just guns. Under New York law, a deadly weapon includes knives, switchblades, brass knuckles and even billy clubs. Anything capable of causing serious injury can also enhance your charges, depending on how it’s used. Even items like stun guns and pepper sprays can become a problem. Prosecutors may argue intent to intimidate or cause harm.
How charges are enhanced
Let’s say you’re charged with robbery. If no weapon is involved, you might be charged with a lower-level felony. However, the moment a weapon enters the picture, the charge can jump to a higher felony class with tougher penalties. This means longer prison time, steeper fines and fewer chances for leniency.
What’s at stake for you?
If you’re accused of committing a crime with a weapon, don’t underestimate the situation. It’s not just about the original offense any longer. You could be looking at additional charges, which means increased penalties and more complex legal battles.
Given the serious consequences of such charges, understanding the specifics of your case and the possible defenses available are crucial. Early legal guidance can help make a significant difference in how your case is handled and protect your rights, potentially increasing the chances of a desirable outcome.
