In Wayne County, gun possession charges under New York Penal Law carry penalties from a Class A misdemeanor (up to 1 year) to a Class B violent felony (up to 25 years). Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide with over 93% favorable outcomes. A Gun Possession Lawyer Wayne County can evaluate your case immediately.
New York Penal Law Article 265 defines criminal possession of a weapon, including firearms. Charges range from Criminal Possession of a Weapon in the Fourth Degree (a Class A misdemeanor) to Criminal Possession of a Weapon in the First Degree (a Class B violent felony). The law prohibits possessing a firearm without a license, possessing a loaded firearm in public, and possessing certain prohibited weapons. New York’s SAFE Act (2013) added additional restrictions on assault weapons and high-capacity magazines. The Raise the Age Act of 2017 directs most 16-17 year old cases to Family Court. Gun Possession Lawyer Wayne County representation is critical given the severity of these charges.
Last verified: April 2026 | Wayne County Criminal Court | New York Penal Law Article 265 (official NY Senate)
Review the official statutes: New York Penal Law § 265.00 et seq. (official NY Senate) and the Wayne County Supreme Court website (nycourts.gov).
Wayne County Criminal Court handles misdemeanor gun possession cases. Wayne County Supreme Court Criminal Term handles all felony gun possession cases. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, meaning most defendants are released on recognizance or with conditions.
- Arraignment: First court appearance within 24 hours of arrest. Charges are read, and bail is set or defendant is released.
- Pre-trial motions: Your attorney files motions to suppress evidence, challenge the search warrant, or dismiss charges based on lack of probable cause.
- Discovery: The prosecution must provide all evidence, including police reports, witness statements, and forensic analysis.
- Plea negotiations: Your attorney negotiates with the District Attorney’s office for a reduced charge or ACD.
- Trial or plea: If no agreement is reached, the case proceeds to trial before a judge or jury.
- Sentencing: If convicted, the court imposes penalties based on the offense class and your criminal history.
In Wayne County, gun possession carries penalties ranging from up to 1 year in jail for a misdemeanor to 25 years to life for a Class B violent felony.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 4th | Class A Misdemeanor | Up to 1 year | Up to $1,000 | None | Probation up to 3 years |
| Criminal Possession of a Weapon 3rd | Class D Felony | 2-7 years | Up to $5,000 | None | Mandatory surcharge $300 |
| Criminal Possession of a Weapon 2nd | Class C Felony | 3.5-15 years | Up to $15,000 | None | Mandatory surcharge $300 |
| Criminal Possession of a Weapon 1st | Class B Felony | 5-25 years | Up to $30,000 | None | Mandatory surcharge $300 |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results firm-wide with over 93% favorable outcomes. Mr. Sris personally amended Virginia Code § 20-107.3 (equitable distribution statute). The firm’s tagline is “Advocacy Without Borders.”
SRIS actively practices here — firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
Results may vary. Prior results do not guarantee a similar outcome.
Our New York location serves clients at Wayne County courts, accessible via I-90 (NYS Thruway), I-81, I-390, and Route 17/I-86. We serve Lyons, Newark (NY), Palmyra, Sodus, Ontario, Williamson, Clyde, Wolcott, and Marion. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Does New York have cash bail for gun possession?
Yes, but NY reformed bail in 2020, eliminating cash bail for most misdemeanors and non-violent felonies. Gun possession felonies may still require bail. Cases heard at Wayne County Criminal Court.
What is an ACD in Wayne County, New York?
No, an ACD (Adjournment in Contemplation of Dismissal) is a NY disposition where charges are adjourned for 6-12 months and automatically dismissed if you have no new arrests. Available for many first offenses.
Can I get my criminal record sealed in Wayne County, New York?
Yes, NY offers conditional sealing under CPL § 160.59 for qualifying convictions (up to 2) after 10 years. ACD results in automatic sealing. Marijuana offenses have expanded eligibility.
What is the penalty for a misdemeanor in Wayne County, New York?
It depends. Class A misdemeanor: up to 1 year jail. Class B: up to 3 months. Violations: up to 15 days. Cases heard at Wayne County Criminal Court.
What is a Gun Possession Lawyer Wayne County?
A Gun Possession Lawyer Wayne County is a criminal defense attorney who represents clients charged with illegal firearm possession in Wayne County, New York, handling cases from arraignment through trial or plea.
Learn more about our New York Criminal Defense Lawyer services. We also serve Manhattan and Brooklyn. For other legal needs in Wayne County, see our divorce lawyer and immigration lawyer pages.
Last verified: 2026-04. Information updated as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.