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  1. #1

    Default How Much Jail Time Can My Step-Dad Get For Bringing Out Steak Knives

    Hi I live in New York near lake Ontario and my step dad brought a pair of steak knives outside when he was threatened by three men but he never cut anyone so how much jail time can he get? He is being charged with possesion of a weapon in the 3rd degree. He is also being charged with menacing in the 3rd degree.

  2. #2
    Join Date
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    Default Re: How Much Jail Time Can My Step-Dad Get For Bringing Out Steak Knives

    You can use this sentencing guidelines calculator to estimate the likely sentence.
    Quote Quoting New York Penal Code 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:
    [indent](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; or

    (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or

    (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or

    (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or

    (6) Such person knowingly possesses any disguised gun; or

    (7) Such person possesses an assault weapon; or

    (8) Such person possesses a large capacity ammunition feeding device.[indent]
    Criminal possession of a weapon in the third degree is a class D felony.
    Quote Quoting New York Penal Code 120.15 Menacing in the third degree.
    A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.

    Menacing in the third degree is a class B misdemeanor.

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