Gun Possession Lawyer New York County, NY

A Plainfield police officer pulls you over for a broken taillight. He notices the outline of a handgun in your glove compartment. Within minutes, you are handcuffed, booked, and facing a weapons-possession charge in New York County. The charge—illegal possession of a firearm—can be prosecuted as a violent felony in Manhattan, and a conviction carries the possibility of years in state prison. The case goes before the New York County Supreme Court at 60 Centre Street, where prosecutors pursue firearms offenses actively. Mr. Sris and the firm’s Of Counsel attorneys have represented people facing gun-possession charges in New York courts for many years. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Gun Possession Means in New York County

New York imposes some of the strictest firearm regulations in the country. Unlawful possession of a handgun, a loaded firearm, or a weapon by someone previously convicted of a felony is treated as a serious criminal matter. In New York County, these charges are heard in the Criminal Court for misdemeanor-level offenses and in the Supreme Court for felony-level offenses. Prosecutors in the Manhattan District Attorney’s Office regularly pursue firearm cases through grand jury indictments and seek bail or remand when the charges are classified as violent felonies.

Because New York County is a dense urban center with heavy police presence, gun-possession arrests often arise from street stops, traffic enforcement, search warrants, or joint task-force operations. The court at 60 Centre Street handles a large volume of criminal matters, and procedural deadlines move quickly. Someone arrested on a gun charge in Manhattan may be arraigned within 24 hours and face a bail hearing shortly thereafter. The 2020 bail-reform law eliminated cash bail for many non-violent offenses, but certain firearms charges remain bail-eligible, which means pretrial detention is possible. Understanding how the local courts process weapons cases is important from the very start of a case.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Gun Possession Cases

Mr. Sris, a former prosecutor, knows that a firearms charge is built on several legal and factual components: the legality of the stop or search, the chain of custody of the weapon, and the defendant’s licensing and criminal history. The firm’s approach in each case includes a thorough review of the police reports, body-worn camera footage, and any search-warrant affidavits. If the initial stop was unconstitutional or the search exceeded the scope of a warrant, a motion to suppress the firearm may be the strong $1. The firm’s Of Counsel attorneys work with Mr. Sris to examine these issues and to negotiate with the prosecution when a resolution short of trial is possible.

In felony cases, the firm handles the grand-jury phase, pretrial motion practice, and trial preparation. New York County Supreme Court judges expect counsel to be familiar with the Criminal Procedure Law and the local court rules. The firm’s attorneys appear regularly in Manhattan courts and understand the evidentiary requirements for firearms cases, including the need for laboratory reports and expert testimony on operability when that element is contested. The team works toward outcomes that minimize incarceration, protect the client’s record, and, when acquittal or dismissal is achievable, pursue it vigorously. Because each gun-possession case depends on its own facts, no two cases are approached identically.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He began his legal career as a prosecutor and has built a multi-state practice since founding the firm in 1997. He is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. His experience as a former prosecutor provides him with an understanding of how the government builds a firearms case. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

The firm’s Of Counsel attorneys are experienced litigators who handle criminal matters throughout New York State. Together, they appear in courts across New York County, including the Supreme Court, and handle the procedural and substantive aspects of weapons-possession defense from arraignment through disposition. The firm’s New York location serves clients by appointment, and consultations can be requested by calling (888) 437-7747.

Frequently Asked Questions

What is illegal gun possession in New York County?

Illegal gun possession in New York County typically means carrying or owning a handgun, a loaded firearm, or a weapon without a required license, or possessing a firearm as a person prohibited by law from having one. New York law requires a license to possess a handgun within the state. Unlicensed possession of a loaded firearm outside the home or place of business can be charged as a violent felony. Additional charges can apply if the weapon is loaded, if it is an assault weapon, or if the defendant has a prior felony record. The Manhattan District Attorney’s Office prosecutes these matters under the New York Penal Law.

Is gun possession a felony in New York?

It can be; many gun-possession charges in New York are felonies, and some are classified as violent felonies. Criminal possession of a weapon in the second degree, for example, is a class C violent felony that may carry a mandatory state prison sentence. Misdemeanor-level possession charges exist for certain conduct, but the presence of a loaded firearm or a prior conviction often escalates the charge to a felony. The classification depends on the specific statute charged, the defendant’s criminal history, and the circumstances of the arrest.

What should I do if I am arrested for gun possession in Manhattan?

If you are arrested for gun possession in Manhattan, remain silent beyond providing basic identification, do not consent to any search, and ask to speak with an attorney as soon as possible. The police and prosecutors may seek to question you about where you obtained the weapon and why you possessed it. Anything you say can be used against you at trial. After an arrest, you will be brought to central booking and then to an arraignment at the New York County Criminal Court or Supreme Court, depending on the charge. Having counsel present at the arraignment can affect bail arguments and the initial direction of the case.

Can a gun charge be dismissed in New York County?

Yes, a gun charge can be dismissed if the evidence was obtained through an unlawful search or if the prosecution cannot prove the required elements of the offense. Common grounds for dismissal include an unconstitutional stop, an invalid search warrant, or a missing element such as the defendant’s knowing possession of the weapon. An Adjournment in Contemplation of Dismissal (ACD) may be available in some misdemeanor-level firearms cases for eligible defendants. The firm’s attorneys evaluate every aspect of a case to determine whether a motion to dismiss or a negotiated disposition is possible.

What are the penalties for illegal firearm possession in New York?

Penalties for illegal firearm possession in New York range from a misdemeanor with up to a year in jail to a violent felony class A-I with a maximum of life imprisonment, depending on the charge class and the defendant’s record. Class B armed felonies may carry a minimum state prison term. Mandatory minimum sentences apply to certain violent-felony weapons convictions. Even a misdemeanor conviction can affect future employment, professional licensing, and immigration status. The actual sentence is determined at the court’s discretion within the statutory range and is influenced by plea negotiations and any pretrial motions that succeed.

Do I need a lawyer for a gun possession charge in New York County?

Yes, you need a lawyer; gun-possession charges can have consequences that affect your freedom, your record, and your future. New York courts are complex, and an unrepresented defendant faces significant disadvantages when dealing with the prosecution, the grand-jury process, and sentencing. A lawyer can challenge the search, negotiate for a reduction or dismissal, and advise you about the long-term consequences of a plea. Even if you believe the evidence is overwhelming, a skilled legal advocate can work toward a more favorable resolution.

How does a New York County gun possession case proceed in court?

A gun possession case in New York County typically begins with an arrest and an arraignment, followed by a preliminary hearing or grand jury proceeding, pretrial motions, possible plea negotiations, and a trial if no resolution is reached. In misdemeanor cases, the case stays in the Criminal Court. Felony cases go to the Supreme Court after an indictment. At the arraignment, the judge sets bail conditions and a schedule for discovery. The firm’s attorneys file appropriate motions, including motions to suppress evidence, and engage in discovery review. If a plea offer is not accepted, the case proceeds to trial before a jury or a judge.

Does New York County have a special firearms court part?

New York County Supreme Court handles felony firearms cases through its general criminal term; there is no separate firearms court part, but judges are familiar with the applicable penal-law provisions and sentencing ranges. Judges in Manhattan handle a regular docket that includes weapons offenses, and they apply the same procedural rules as in any felony case. The court schedules conferences and hearings based on the Criminal Procedure Law’s speedy-trial requirements. Having a local attorney who understands the court’s expectations and the assistant district attorneys’ practices can help move the case forward efficiently.

Can a non-citizen face immigration consequences for a gun conviction in New York?

Yes, a conviction for a firearms offense can trigger immigration consequences including removal, particularly if the offense is classified as an aggravated felony or a crime involving moral turpitude under the Immigration and Nationality Act. Certain weapons offenses are categorically treated as aggravated felonies, making a non-citizen deportable with little or no relief available. Even a plea to a lesser charge can have immigration consequences. The firm’s attorneys take into account a client’s immigration status when evaluating plea offers and trial strategies, and the firm works to avoid dispositions that carry immigration risk when possible.

Internal Links:
Kings County (Brooklyn) Criminal Lawyer |
Queens County (Queens) Criminal Lawyer |
Richmond County (Staten Island) Criminal Lawyer |
Nassau County (Long Island) Criminal Lawyer |
Suffolk County (Long Island) Criminal Lawyer

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