Gun Possession Lawyer Yonkers NY — What Are Your Defense Options?
A gun possession charge in Yonkers, NY, is a serious offense under NY Penal Law § 265.01, carrying severe penalties. If you are facing such charges, you need a dedicated Gun Possession Lawyer Yonkers NY from Law Offices Of SRIS, P.C. Our firm has extensive experience defending clients in Westchester County courts. We provide a strong, case-specific defense to protect your rights and future.
New York Gun Possession Laws and Penalties
In New York, gun possession is primarily governed by Article 265 of the New York Penal Law. Criminal possession of a weapon in the third degree (NY Penal Law § 265.02) is a Class D violent felony. This charge can apply if you possess a firearm and have a prior conviction for any crime, or if you possess a loaded firearm outside your home or place of business. The penalties are severe, including a mandatory minimum state prison sentence.
Last verified: April 2026 | Westchester County Court | New York State Legislature
Official Legal Resources
For the official text of New York’s weapon possession statutes, you can review NY Penal Law Article 265 (official New York State Senate). For local court procedures and information, visit the Westchester County Court website.
Local Court Process for Gun Charges in Yonkers
Gun possession cases in Yonkers typically begin with an arrest and arraignment in Yonkers City Court. The case may then be transferred to the Westchester County Court for felony proceedings. Prosecutors in Westchester County take gun charges very seriously, often seeking the maximum penalties. An experienced Gun Possession Attorney Yonkers NY understands the local court’s approach and can build a defense strategy from the first court appearance.
- Initial Arraignment: You will be formally charged and enter a plea. Your attorney can argue for reasonable bail or release on your own recognizance.
- Pre-Trial Motions: Your lawyer will file motions to suppress evidence if the gun was found through an illegal search or seizure.
- Grand Jury Proceedings: For felony charges, the prosecutor presents evidence to a grand jury to secure an indictment. Your attorney can advise you on your rights during this process.
- Plea Negotiations: Your attorney will negotiate with the District Attorney’s office, seeking to have charges reduced or dismissed based on the strength of the evidence and your circumstances.
- Trial: If a fair plea agreement cannot be reached, your case will proceed to a jury trial where your attorney will present a vigorous defense.
- Sentencing: If convicted, your attorney will advocate for the most lenient sentence possible, presenting mitigating factors to the judge.
Potential Penalties for Gun Possession in Yonkers
In Yonkers, criminal possession of a weapon can range from a Class A misdemeanor to a Class B felony, with penalties including years in state prison, substantial fines, and a permanent criminal record.
| Offense (NY Penal Law) | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 4th Degree (§ 265.01) | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | Loss of firearm license | Criminal record, immigration consequences |
| Criminal Possession of a Weapon 3rd Degree (§ 265.02) | Class D Violent Felony | Mandatory min. 2 years, up to 7 years prison | Up to $5,000 | Permanent firearm prohibition | Violent felony record, parole supervision |
| Criminal Possession of a Weapon 2nd Degree (§ 265.03) | Class C Violent Felony | Mandatory min. 3.5 years, up to 15 years prison | Up to $15,000 | Permanent firearm prohibition | Lengthy prison term, severe collateral damage |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Gun Possession Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that a gun charge can upend your life, and we are committed to providing a strong, strategic defense. Our approach is “Advocacy Without Borders,” meaning we fight relentlessly for every client.
Case Results and Client Advocacy
Our firm has a documented history of achieving positive results for clients facing serious charges. While every case is unique, our strategic approach focuses on challenging the legality of searches, examining police procedures, and negotiating for reduced charges when appropriate. For example, our team has successfully argued for the suppression of firearms evidence obtained without probable cause, skilled to case dismissals.
Results may vary. Prior results do not aim for a similar outcome.
Contact a Gun Possession Law Firm Yonkers NY
If you are searching for a gun possession lawyer near Yonkers, our firm is accessible to clients throughout Westchester County. We offer 24/7 phone consultations to discuss your situation and begin building your defense immediately.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
We serve clients in Yonkers and surrounding communities. Meetings are available by appointment at our New York location. Call us anytime at (888) 437-7747 for a confidential consultation.
Frequently Asked Questions About Gun Charges in Yonkers
What should I do if I am arrested for gun possession in Yonkers?
Remain silent and ask for a lawyer immediately. Do not answer any questions or make any statements to the police without an attorney present. Contact a Gun Possession Lawyer Yonkers NY as soon as possible to protect your rights.
Can I get a gun charge reduced in Westchester County?
It depends on the specific facts of your case, your criminal history, and the evidence against you. An experienced attorney can negotiate with prosecutors for a reduction to a lesser charge, such as a non-violent offense, which carries significantly lower penalties.
What is the “Safe Act” and how does it affect my case?
The NY SAFE Act (Secure Ammunition and Firearms Enforcement Act) expanded the definition of assault weapons and increased penalties for certain gun crimes. It can affect charges related to magazine capacity and firearm registration. Your lawyer will analyze how this law applies to your situation.
Is there a mandatory minimum sentence for gun possession?
Yes. For felony gun possession charges like Criminal Possession of a Weapon in the 2nd or 3rd degree, New York law imposes mandatory minimum state prison sentences that a judge cannot waive.
Can I lose my right to own a gun forever?
A conviction for any felony or serious offense will result in the permanent loss of your right to possess firearms under both New York and federal law. This is one of the most significant long-term consequences of a gun conviction.
Related Pages: If you are facing other criminal charges, learn about our New York Criminal Defense services. For charges in a nearby area, see our page for a Gun Possession Lawyer Buffalo NY. If you have a related federal charge, our Federal Criminal Lawyer New York can help.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact Law Offices Of SRIS, P.C. at (888) 437-7747.