New York criminal charge
Criminal use of a firearm in the first degree in New York
Criminal use of a firearm in the first degree is a Class B Felony under New York criminal law, defined by N.Y. Penal Law § 265.09. As a Class B Felony, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 265.09.
What is the penalty for criminal use of a firearm in the first degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 25 years (authorized maximum for the class; non-violent felonies take an indeterminate term (minimum 1 year to one-third of the maximum, PEN 70.00(3)(b)); violent felony offenses enumerated in PEN 70.02 take a determinate term of 5–25 years plus post-release supervision (PEN 70.45); predicate-felon ranges differ (PEN 70.06)) | discretionary | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
Common questions about criminal use of a firearm in the first degree in New York
What class of felony is criminal use of a firearm in the first degree in New York?
What are the penalties for criminal use of a firearm in the first degree in New York?
As a Class B Felony, criminal use of a firearm in the first degree carries up to 25 years (the maximum authorized for the class) of incarceration and a fine of up to $5,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.00 (current).
Which New York statute covers criminal use of a firearm in the first degree?
Criminal use of a firearm in the first degree is governed by N.Y. Penal Law § 265.09 (Criminal use of a firearm in the first degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.