Gun Possession Lawyer Monroe NY — What Are Your Defense Options?
Unlawful gun possession in Monroe County is a serious offense under New York Penal Law § 265, with charges ranging from a Class A misdemeanor to a Class B violent felony. A conviction can mean years in prison, permanent loss of firearm rights, and a damaging criminal record. As a gun possession lawyer Monroe NY, Law Offices Of SRIS, P.C.
New York Gun Possession Laws and Penalties
New York has some of the nation’s strictest firearm laws. The primary statute, New York Penal Law Article 265, criminalizes the possession of any firearm, rifle, or shotgun without a valid New York State license. The severity of the charge depends on the type of weapon, the defendant’s criminal history, and the circumstances of the alleged possession.
Last verified: April 2026 | Monroe County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of the aggressive prosecution tactics used in gun cases. We use this insight to build effective defenses for our clients.
Official Legal Resources
Local Court Process for Gun Charges in Monroe County
Gun possession cases in Monroe County typically begin with an arrest by local police, the Monroe County Sheriff’s Office, or state police. Most felony gun charges are prosecuted in the Monroe County Supreme Court, Criminal Term. New York’s 2020 bail reform laws mean many non-violent felony charges may not require cash bail, but release conditions are strictly enforced. The procedural steps are critical, and having a skilled gun possession attorney Monroe NY from the outset is vital.
- Arraignment: You will be brought before a judge, informed of the charges, and asked to enter a plea. Your attorney will argue for your release on your own recognizance or the least restrictive conditions.
- Grand Jury Indictment (Felonies): For felony charges, the prosecutor must present evidence to a grand jury to secure an indictment, moving the case to Supreme Court.
- Discovery & Pre-Trial Motions: Your attorney will obtain all evidence from the prosecution and file motions to suppress illegally obtained evidence or dismiss charges.
- Plea Negotiations or Trial: Based on the strength of the evidence and motions, your lawyer will negotiate with the District Attorney’s Office for a favorable plea or prepare for trial.
- Sentencing or Disposition: If convicted, your attorney will advocate for the most lenient sentence possible, which may include alternatives to incarceration.
Potential Penalties for Gun Possession in New York
In Monroe County, gun possession charges carry severe penalties, from a year in jail for a misdemeanor to up to 25 years in prison for the most serious felonies.
| Offense (NY Penal Law §) | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Criminal Possession of a Weapon 4th Degree (e.g., unlicensed firearm) | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | Criminal record, loss of firearm rights |
| CPW 3rd Degree (e.g., prior conviction, certain locations) | Class D Violent Felony | Mandatory min. 2-7 years prison | Up to $5,000 | Violent felony record, post-release supervision |
| CPW 2nd Degree (e.g., loaded firearm, intent to use) | Class C Violent Felony | Mandatory min. 3.5-15 years prison | Up to $15,000 | Lengthy prison term, severe felony record |
| CPW 1st Degree | Class B Violent Felony | Mandatory min. 5-25 years prison | Up to $30,000 | Most severe penalty short of murder |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Gun Possession Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor who understands how the other side builds its cases. This perspective is invaluable when defending against serious gun charges where the prosecution’s strategy often hinges on search and seizure law. Our firm-wide track record includes 4,739+ documented case results.
Case Results and Client Advocacy
While specific local results are not disclosed, our firm-wide practice demonstrates our commitment to vigorous defense. We have achieved favorable outcomes in thousands of criminal cases. A favorable gun possession lawyer Monroe NY will explore every defense, from challenging the legality of a traffic stop and subsequent search to arguing lack of knowledge or possession.
Results may vary. Prior results do not aim for a similar outcome.
Local Service for Monroe County Residents
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 | Local: (716) 348-1900
By appointment only.
Our New York location serves clients throughout Monroe County, including Rochester, Irondequoit, Greece, Brighton, Pittsford, Fairport, Henrietta, Webster, Brockport, Penfield, Spencerport, and Gates. We are accessible via I-90 and other major highways. As a gun possession law firm Monroe NY, we offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Gun Possession Defense FAQs
What is the most common gun charge in New York?
Criminal Possession of a Weapon in the Fourth Degree (NY PL § 265.01) is a common charge, often applied for possessing a firearm without a valid New York license. It is a Class A misdemeanor punishable by up to one year in jail.
Can I get a gun charge reduced in Monroe County?
It depends on the facts of your case, your criminal history, and the strength of the evidence. An experienced gun possession attorney Monroe NY can negotiate with the District Attorney’s Office for a reduction to a non-criminal violation or a lesser charge, especially for first-time offenders or where search issues exist.
What is a “violent felony” designation for a gun charge?
Many New York gun crimes are classified as “violent felonies” (e.g., CPW 2nd or 3rd Degree), regardless of whether violence occurred. This triggers mandatory minimum prison sentences and creates a permanent violent felony offender record, severely impacting future opportunities.
What are common defenses to gun possession charges?
Common defenses include challenging the legality of the police stop, search, or seizure; arguing you lacked knowledge the firearm was present; claiming the weapon was not operable; or asserting you had a valid license. The right defense depends entirely on your case details.
How long does a gun possession case take?
A misdemeanor case may resolve in a few months, while a felony gun case can take a year or more. The timeline depends on the court’s schedule, case complexity, and whether motions are filed. The speedy trial rule (CPL § 30.30) requires the prosecution to be ready within 90 days for misdemeanors and 6 months for felonies.
Related Legal Services in Monroe County
If you are facing other charges, we can help. Explore our pages for a Monroe County criminal defense lawyer or a DUI lawyer in Monroe County. For statewide information, see our New York criminal defense lawyer hub.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your gun possession case.