Weapons Charge Lawyer Yonkers NY — What Are Your Defense Options?
A weapons charge in Yonkers, NY, is a serious criminal offense under New York Penal Law Article 265, with penalties ranging from a misdemeanor to a Class B felony carrying up to 25 years in prison. The Law Offices Of SRIS, P.C.
New York Weapons Charge Laws and Penalties
New York has some of the strictest weapons laws in the nation, primarily codified under New York Penal Law Article 265. The severity of a charge depends heavily on the type of weapon, the defendant’s criminal history, and the circumstances of possession (e.g., intent to use, location like a school). Common charges include Criminal Possession of a Weapon in the Second, Third, and Fourth Degrees.
Last verified: April 2026 | Yonkers City Court & Westchester County Court | New York State Legislature
The firm, founded in 1997 by former prosecutor Mr. Sris, brings extensive experience to these high-stakes cases, understanding how local prosecutors in Westchester County approach weapons offenses.
Official Legal Resources
Local Court Process for a Yonkers Weapons Charge
Weapons charges in Yonkers typically begin with an arrest and arraignment in Yonkers City Court for misdemeanors, or direct filing in Westchester County Court for felonies. The “Raise the Age” law means 16- and 17-year-olds may start in Family Court. Prosecutors aggressively pursue these cases, and early negotiation or motion practice is often key to reducing charges or securing favorable terms.
- Arraignment: You will be formally charged and enter a plea (not guilty is standard). Bail arguments are crucial here.
- Discovery & Pre-Trial Motions: Your attorney will review all evidence (police reports, lab tests) and may file motions to suppress illegally obtained evidence.
- Grand Jury (Felonies): For felony charges, the prosecutor presents evidence to a grand jury to secure an indictment.
- Plea Negotiations: Most cases are resolved through negotiation. Your attorney will work to reduce the charge or secure a favorable plea offer.
- Trial: If no plea agreement is reached, your case proceeds to a bench or jury trial in the appropriate court.
- Sentencing: If convicted, the judge will impose a sentence based on statutory guidelines and arguments from both sides.
Potential Penalties for Weapons Charges in New York
In Yonkers, a weapons charge can result in penalties from one year in jail for a misdemeanor to 25 years in state prison for a Class B violent felony, plus permanent loss of firearm rights and a criminal record.
| Offense (NY PL) | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession Weapon 4th | Class A Misdemeanor | Up to 1 year jail | Up to $1,000 | Firearm license revoked/denied | Criminal record, employment issues |
| Criminal Possession Weapon 3rd | Class D Felony | Up to 7 years prison | Up to $5,000 | Firearm license revoked/denied | Violent felony record, parole supervision |
| Criminal Possession Weapon 2nd | Class C Violent Felony | Mandatory min. 3.5–15 years | Up to $15,000 | Permanent firearm prohibition | Strict parole, violent felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Yonkers Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. With a combined attorney experience of over 120 years, our firm has handled thousands of criminal cases. Our approach is grounded in a deep understanding of New York’s complex weapons statutes and the procedural nuances of local courts. We build defenses that challenge the legality of searches, question intent, and scrutinize the prosecution’s evidence chain.
Case Results and Client Advocacy
Our weapons charge law firm in Yonkers, NY, is dedicated to achieving the best possible outcome for each client. While every case is unique, our firm-wide track record across our practice jurisdictions includes over 4,739 case results with a favorable outcome rate exceeding 93%. In weapons cases, favorable outcomes can include dismissal of charges, reduction to a non-criminal violation, or acquittal at trial.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Yonkers Weapons Charge Attorney
If you are facing a gun or weapon charge in Yonkers, time is of the essence. Our location is accessible to clients throughout Westchester County. We serve neighborhoods across Yonkers, including Getty Square, Ludlow, Park Hill, and Nepperhan. We offer 24/7 phone consultations — call us at any time to discuss your situation.
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: (838) 292-0003
By appointment only.
Frequently Asked Questions
What is the most common weapons charge in Yonkers?
Yes. Criminal Possession of a Weapon in the Fourth Degree (NY PL § 265.01) is a common charge, often involving possession of a firearm, switchblade, or other prohibited weapon without a license. It is a Class A misdemeanor punishable by up to one year in jail.
Can I go to prison for a first-time weapons offense?
It depends on the charge level. For a misdemeanor, jail time is possible but not mandatory. For felony weapons possession, especially in the second or third degree, state prison time is likely, even for first-time offenders, due to New York’s mandatory minimum sentencing laws for certain violent felonies.
What is a “violent felony” designation for a weapons charge?
Certain weapons charges, like Criminal Possession of a Weapon in the Second Degree, are classified as violent felonies under New York law. This triggers mandatory prison sentences, stricter parole terms, and creates a permanent “violent felony offender” record that severely impacts future opportunities and carries harsher penalties for any future crime.
What defenses are available against a weapons charge?
Common defenses include challenging the legality of the police stop or search (Fourth Amendment), proving you had a valid license for the weapon, arguing lack of knowledge or intent to possess, or questioning the operability or classification of the alleged weapon. An experienced weapons charge lawyer in Yonkers, NY, can identify the best defense for your case.
Will a weapons charge affect my immigration status?
Yes. A conviction for a weapons offense, particularly an aggravated felony or crime involving moral turpitude, can have severe immigration consequences. This can include deportation, denial of naturalization, or being deemed inadmissible to the U.S. Non-citizens must consult an attorney immediately.
Related Practice Areas: If you are facing other charges, our firm also handles criminal defense and federal criminal defense matters in New York.
Other Localities: We also assist clients in Buffalo and Rochester.
State Hub: For more information, visit our New York Criminal Defense Lawyer hub page.
Page Last verified: April 2026. Laws change frequently. For the most current advice regarding your weapons charge in Yonkers, contact Law Offices Of SRIS, P.C. at (888) 437-7747.