Weapons Charge Lawyer Monroe NY | SRIS, P.C.
Weapons Charge Lawyer Monroe NY — What Are Your Defense Options?
A weapons charge in Monroe County, NY, is a serious criminal offense under New York Penal Law, carrying severe penalties including felony convictions and prison time. Law Offices Of SRIS, P.C. provides a strong defense for individuals facing gun possession, criminal possession of a weapon, or other firearm-related allegations.
New York Weapons Charge Laws and Penalties
Weapons charges in New York are primarily governed by Article 265 of the New York Penal Law (PEN). The state has some of the strictest gun control laws in the nation, often referred to as the “SAFE Act.” Charges range from misdemeanors for certain violations to serious felonies for criminal possession of a weapon in various degrees. The specific charge depends on factors like the type of weapon, whether it is loaded, the defendant’s criminal history, and the location of the alleged possession (e.g., school grounds).
Last verified: April 2026 | Monroe County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm brings extensive experience to complex criminal cases. Understanding the nuances of New York’s complex weapons statutes is critical for building an effective defense strategy.
Official Legal Resources
For the official text of New York’s weapons laws, refer to the New York Penal Law Article 265 on the state legislature’s website. For local court procedures and information, visit the Monroe County Courts website.
Local Court Process for a Weapons Charge in Monroe County
If you are arrested on a weapons charge in Monroe County, your case will begin in a local town or city court for arraignment. Misdemeanor charges may be handled there, while felony charges are typically transferred to the Monroe County Supreme Court, Criminal Term, for indictment and trial. New York’s 2020 bail reform laws mean many non-violent felony weapons charges may not be eligible for cash bail, potentially skilled to release on recognizance or with conditions. However, certain severe weapons charges remain bail-eligible.
- Arraignment: You will be formally charged and enter a plea (not guilty, with the advice of counsel). The court will address bail or release conditions.
- Discovery & Pre-Trial Motions: Your attorney will obtain all evidence from the prosecution and may file motions to suppress evidence or dismiss charges based on legal defects.
- Grand Jury (Felonies): For felony charges, the prosecutor will present evidence to a grand jury to secure an indictment. Your attorney can advise you on your rights regarding testifying.
- Plea Negotiations: Most cases are resolved through negotiation. Your lawyer will work to secure the best possible plea offer, which may involve reduced charges.
- Trial: If no acceptable plea is reached, your case will proceed to a bench or jury trial where the prosecution must prove guilt beyond a reasonable doubt.
- Sentencing: If convicted, the judge will impose a sentence based on statutory guidelines, which can include prison, probation, and fines.
Potential Penalties for Weapons Charges in New York
In Monroe County, a weapons charge can result in penalties ranging from probation to many years in state prison, depending on the specific charge and the defendant’s record.
| Offense (Examples) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Criminal Possession of a Weapon in the Fourth Degree (e.g., certain firearms, illegal knives) | Class A Misdemeanor | Up to 1 year in jail | Up to $1,000 | Criminal record, possible loss of firearm license |
| Criminal Possession of a Weapon in the Third Degree (e.g., possession of a firearm by a convicted felon) | Class D Felony | Mandatory minimum 2 years, up to 7 years | Up to $5,000 | Felony record, lengthy probation, loss of rights |
| Criminal Possession of a Weapon in the Second Degree (e.g., loaded firearm with intent to use) | Class C Violent Felony | Mandatory minimum 3.5 years, up to 15 years | Up to $15,000 | Severe felony record, extended post-release supervision |
| Criminal Sale of a Firearm in the Third Degree | Class D Felony | Up to 7 years | Up to $5,000 | Felony record, federal investigation possible |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Weapons Charge Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings a combined 120+ years of legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands the tactics used by the state. We have a documented track record of handling complex criminal defenses. Our approach is direct and focused on the specific details of your case and the procedures of the Monroe County courts.
Case Results and Client Advocacy
While specific Monroe County weapons charge results are confidential, our firm-wide practice has handled 4,739+ documented case results with over 93% favorable outcomes across our jurisdictions. We apply this extensive experience to every case we take in New York.
Results may vary. Prior results do not aim for a similar outcome.
Local Weapons Charge Defense in Monroe County
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location serves clients at Monroe County courts. We represent individuals throughout the region, including Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates. If you need a weapons charge attorney Monroe NY near you, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Weapons Charge Lawyer Monroe NY — Frequently Asked Questions
What is the most common weapons charge in New York?
Yes. Criminal Possession of a Weapon in the Fourth Degree (PL § 265.01) is a common charge, often a Class A misdemeanor for possessing certain firearms, switchblades, or other prohibited weapons without a license.
Can I get a weapons charge dismissed in Monroe County?
It depends. Dismissals are possible if your rights were violated during the search or arrest, if the evidence is insufficient, or through programs like an Adjournment in Contemplation of Dismissal (ACD) for eligible first-time offenders. A skilled weapons charge law firm Monroe NY can evaluate the specifics of your case for dismissal potential.
What is the “SAFE Act” and how does it affect my case?
The NY SAFE Act expanded the definition of assault weapons, required registration of existing assault weapons, and reduced magazine capacity. It also increased penalties for certain offenses. Your attorney must handle these strict regulations when building your defense.
Do I need a New York-licensed lawyer for a Monroe County weapons charge?
Yes. You need an attorney licensed to practice in New York State who is familiar with New York Penal Law and the procedures of Monroe County courts. Our firm has the necessary licensure and local practice experience.
What should I do if I am arrested for a weapons charge?
Remain silent and ask for a lawyer immediately. Do not answer questions or make statements to police. Contact a criminal defense attorney as soon as possible to begin protecting your rights and building your defense strategy.
Related Pages: For other legal services in the area, see our New York Criminal Defense Lawyer hub, or learn about Criminal Defense in New York County. For a different legal need in Monroe County, consider Immigration Lawyer Monroe NY.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your weapons charge.