A weapons charge does not only pertain to a person pulling the gun on his victim. A weapon charge is broad and incorporates a wide variety of prohibited weapons.
Most states separate this conviction into two categories:
1) possession
2) use
Possession:
One can be charged with possession for just having the illegal object whether anyone was hurt, threatened, or if the object was even seen. Some of these weapons include but not limited to short-barreled guns, brass knuckles, blades of any kind, body armor, and some types of pepper spray. To convict someone of possession, the state needs to prove that the weapon was illegal and the defendant was not careful not to hurt anyone.
Use :
Any crime can be elevated if a weapon is present. The word aggravated is added to the name of the crime so for example if a man rapes a woman it is a sexual assault if this man holds a gun to the woman's head it becomes an aggravated sexual assault with the presence of a weapon-- the penalty for any crime elevates.
Crimes fall in different categories under the laws of New York and are subject to certain guidelines when it comes to sentencing depending on the nature and circumstances of the crime. See New York's sentencing guideline.
It is imperative that you call the Rozhik Law Firm when facing any charges. We know how to handle your case to get you the best results. A crime can be significantly reduced in severity (criminal to non-criminal), and punishment minimized (sentencing/jail time/probation) when hiring us to handle your matter. The Rozhik Law Firm knows what the Judges look for, relevant law and procedure, and how to negotiate with the prosecution on your behalf. Zealous for you, tough with the prosecution.