It almost seems as if every day we read in the papers or see in the news that a person used a firearm to kill innocent victims. Simply, such acts are horrendous and deplorable. Law enforcement should be commended for their efforts to protect all of us. With this in mind, it is also important that the courts and criminal defense lawyers make sure that prosecutors and the police respect and maintain their burden to follow the law as well whether a violation or wrongful arrest is malicious or unintentional. While most people would argue that knives are not guns in terms of potential dangers, both have the ability to be devastating weapons. In part, this is likely why District Attorney’s Offices in New York City and elsewhere take a hard stance against gravity knife and other weapon crimes in violation of Fourth Degree Criminal Possession of a Weapon, New York Penal Law 265.01. Whether you were issued a Desk Appearance Ticket or you have an extensive criminal history, do not expect to be offered any deal at your arraignment. More often than not, a charge of PL 265.01 remains in place until and if your criminal lawyer can articulate why prosecutors should deviate from their guidelines.
Why is all of the above relevant? The law in New York doesn’t distinguish between certain knives illegally purchased that are “blatantly” dangerous and those that were purchased as a tool at a hardware store. At bottom, a gravity knife is a gravity knife no matter where you purchase it. As a misdemeanor, this crime is punishable by as much as one year in jail and will stick you with a permanent criminal record upon conviction. Knowing all of this and reading through a bit of my rant, let’s now address the Penal Law and the crime of Fourth Degree Criminal Possession of a Weapon where the arrest charge of PL 265.01(2). Does the strict liability standard apply to all knives and if not, when is a “regular” knife possessed in violation of the New York Penal Law?