Gun Possession Lawyer New York, NY
New York enforces some of the country’s most stringent firearm regulations. A charge for criminal possession of a weapon—whether it stems from a routine stop in Midtown, an arrest in Brooklyn, or an encounter with law enforcement in Queens—can escalate quickly, potentially exposing you to a felony conviction and significant prison time. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys concentrate their practice on defending individuals against gun possession allegations throughout New York City’s five boroughs and the broader downstate region. New York Penal Law Article 265 governs the carrying, possession, and use of firearms and other weapons, and the consequences of a conviction can reach far beyond incarceration, affecting employment, professional licensing, and immigration status. Because of the complexity of these statutes and the intensity with which the District Attorney’s Offices prosecute gun cases, early involvement by an attorney familiar with New York’s criminal procedure is critical. Mr. Sris and the firm’s Of Counsel attorneys appear in New York County Supreme Court, Kings County Supreme Court, Queens County Supreme Court, and the NYC Criminal Courts. To request a consultation about your situation, call (888) 437-7747.
Gun Possession Charges in New York: What You Need to Know
New York’s firearm laws create a tiered system of offenses under the general heading of criminal possession of a weapon. The degree of the charge and the applicable penalty range depend on the type of weapon, whether it was loaded, the location of the alleged possession, and the accused person’s prior record. A violation-level offense may be resolved with a fine, while a Class B felony involving an illegal loaded firearm can carry a sentence of up to 25 years in prison. In between, charged conduct may be a Class A misdemeanor that exposes a person to up to one year in jail, or a Class E felony with a potential sentence of one to four years. The exact classification is dictated by the specific subsection of New York Penal Law under which the prosecutor proceeds.
Courts throughout New York City handle these matters daily. The NYC Criminal Court hears misdemeanor-level weapons cases, while the New York State Supreme Court, Criminal Term, in each borough adjudicates felony indictments. New York’s 2020 bail reform eliminated cash bail for many misdemeanor and non-violent felony offenses, which means that an individual charged with certain gun-possession crimes may be released on recognizance while the case is pending. For eligible first-time defendants, the court may consider an Adjournment in Contemplation of Dismissal, though its availability is limited for weapons charges. Experienced defense counsel can assess whether a pretrial motion to suppress evidence—such as a firearm recovered during a stop lacking reasonable suspicion—may lead to a reduction or dismissal of the charges.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Gun Possession Cases
When Mr. Sris and the firm’s Of Counsel attorneys undertake a gun-possession defense, they begin by examining the circumstances of the stop, search, and seizure. Whether the firearm was discovered during a vehicle stop, a street encounter, or the execution of a search warrant, the lawfulness of the police action under the Fourth Amendment and Article I, Section 12 of the New York Constitution often determines the admissibility of the evidence. If law enforcement violated the defendant’s rights, counsel can move to suppress the weapon and any accompanying statements.
Beyond constitutional challenges, the firm works to identify alternative dispositions that minimize the long-term consequences of a conviction. Negotiations with the assigned prosecutor may focus on reducing a felony charge to a misdemeanor, pursuing a disposition that avoids a criminal record, or securing a sentence that does not include incarceration. Every step of the process—from arraignment through potential trial—is guided by the client’s informed consent and the firm’s assessment of the strengths and weaknesses of the prosecution’s case. Because New York County District Attorney’s Offices handle an enormous volume of weapons cases, the firm’s familiarity with local court procedures and the preferences of individual judges can contribute to a more efficient and focused defense.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. His experience on the other side of the courtroom gives him an understanding of how the state builds its case and where its vulnerabilities lie. Mr. Sris is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his engagement with the legislative process that shapes criminal law.
The firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary. The firm’s documented experience includes matters across multiple practice areas. Mr. Sris and the firm’s Of Counsel attorneys serve clients from the firm’s New York location and appear regularly in the criminal courts of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. To discuss your gun possession matter, call (888) 437-7747.
Frequently Asked Questions
What are the penalties for criminal possession of a weapon in New York?
Penalties for criminal possession of a weapon in New York range from a violation to a Class B felony, depending on the weapon and the circumstances. A misdemeanor gun charge, such as fourth-degree criminal possession, can result in up to one year in jail. Felony charges, including second-degree criminal possession, carry mandatory minimum prison terms and maximum sentences of up to 25 years. The presence of a loaded firearm, a prior felony conviction, or possession in a sensitive location can elevate the charge and the potential sentence. In addition to incarceration, a conviction may result in fines, probation, and a permanent criminal record. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Is gun possession a felony or misdemeanor in New York?
Criminal possession of a weapon can be charged as either a misdemeanor or a felony under New York Penal Law, depending on the specifics of the case. The lowest-level charge, criminal possession of a weapon in the fourth degree, is a Class A misdemeanor in many circumstances. However, possession of a loaded firearm outside the home or place of business often elevates the charge to a felony. Aggravating factors—such as a prior criminal record, a defaced serial number, or possession in a school zone—almost always result in a felony indictment. The district attorney’s office makes the charging decision based on the arrest report and the evidence collected, but defense counsel can challenge the classification early in the proceedings. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer if I am charged with gun possession in New York?
Yes, you need an experienced criminal defense attorney if you are facing a gun possession charge in New York. Even a misdemeanor conviction can have consequences for employment, housing, and immigration status, while a felony conviction can result in years of incarceration and a lifetime bar to possessing firearms. An attorney can investigate the stop, search, and seizure, identify constitutional violations, seek suppression of evidence, negotiate with the prosecutor for a reduced charge or a diversion program, and, if necessary, prepare a trial defense. Attempting to navigate the New York City Criminal Court system without counsel is extremely risky. For a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.
What should I do if I am arrested on a gun charge in New York City?
If you are arrested on a gun charge in New York City, remain silent, cooperate with the booking process, and ask for an attorney immediately. Do not discuss the facts of the case with law enforcement or other detainees. The police and prosecutors will use any statement you make against you. You will be taken to Central Booking and held pending arraignment. At the arraignment, the court will inform you of the charges and set bail or release conditions. Having a criminal defense attorney present at arraignment can materially affect the bail determination and the initial plea. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 as soon as possible after an arrest so that counsel can begin working on your case right away.
How does a lawyer defend against criminal possession of a weapon charges?
A lawyer defends against a criminal possession of a weapon charge by scrutinizing the legality of the stop, search, and seizure, challenging the chain of custody of the evidence, and assessing the credibility of the prosecution’s witnesses. If the police lacked reasonable suspicion to stop the defendant or probable cause to conduct a search, the firearm may be inadmissible. The defense may also present evidence that the defendant did not possess or control the weapon, that an innocent explanation exists, or that the police have mistaken the identity of the possessor. In some cases, negotiating with the prosecutor for a disposition that avoids a criminal record is the most favorable resolution. To discuss how these strategies apply in your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How do I reach a gun possession lawyer in New York, NY?
You can reach a gun possession lawyer at Law Offices Of SRIS, P.C. by calling (888) 437-7747. The firm’s New York location accepts consultations by appointment. When you call, a member of the team will assist you in scheduling a time to meet with Mr. Sris or one of the firm’s Of Counsel attorneys to discuss the specifics of your charge. Because the firm appears in the criminal courts of Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, you can receive guidance that is grounded in the practices and procedures of the relevant courthouse. Call today to arrange your consultation.
New York County criminal defense attorney · Kings County criminal lawyer · Queens County criminal defense counsel · Staten Island gun possession defense · Nassau County criminal defense attorney
Primary sources: New York Penal Law Article 265 · New York State Unified Court System
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