Q: Legal consequences of assault with illegal firearm in NY.

A: I'm sorry to hear about the difficult and distressing situation you’re facing. In New York, assault with an illegal firearm, especially under the circumstances you described, can have serious legal consequences.

Based on the details you provided, your husband is facing several charges, including assault and unlawful gun possession. Assault in the second degree under New York Penal Law (Section 120.05) occurs when someone causes physical injury to another person with a weapon. In this case, the 15-gauge rifle used in the assault would likely qualify as a weapon. If the injury to your jaw is classified as a "physical injury" (i.e., any impairment of physical condition or substantial pain), your husband could be facing a Class D felony charge of second-degree assault. The severity of the assault charge depends on the nature of the injury and whether there are any aggravating factors, such as the use of a firearm.

As for the unlawful possession of the firearm, under New York Penal Law (Section 265.02), possessing an illegal firearm, such as a 15-gauge rifle without proper registration, is a serious offense. This could be charged as a Class C felony, depending on the specifics of the possession, including whether the firearm was loaded or used in the commission of a crime. If convicted of both assault and unlawful gun possession, your husband could be facing a significant prison sentence, and the prosecutor’s pursuit of a four-year sentence is not unusual for such charges.

Regarding your decision not to testify, it is understandable that you might not want to go through further legal proceedings. However, it’s important to know that in cases involving domestic violence, the prosecution may continue with the case even if the victim refuses to testify. This is particularly true in cases where there is sufficient evidence, such as police reports, medical records of the injury, witness statements, or video footage. The district attorney may still pursue charges without your testimony if they believe they have enough evidence to convict.

In terms of the Class A misdemeanor question, assault with an illegal firearm in this case is unlikely to be considered a misdemeanor due to the serious nature of the injury, the use of a firearm, and the history of violence. A Class A misdemeanor generally involves less severe crimes, but the charges your husband is facing are more serious and would likely be classified as felonies, particularly the unlawful possession of a firearm.

Without your testimony, the prosecutor may still seek to impose a prison sentence if there is sufficient evidence to support the charges. The length of the sentence will depend on factors such as the severity of the injury, whether your husband has any prior criminal history, and the specific charges brought against him. For example, a conviction for second-degree assault can result in a prison sentence of up to 7 years, while unlawful gun possession may lead to an additional sentence of several years. If your husband is convicted of both charges, the sentences could be served concurrently or consecutively.

Finally, while your husband has a right to legal counsel, whether through a court-appointed lawyer or private attorney, the cost of a private lawyer does not change the legal process or sentencing options available. It’s worth considering consulting with a private attorney for advice on the best course of action for both your safety and his legal defense.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.