Gun Possession Lawyer Monroe County, NY
If you are facing a gun possession charge in Monroe County, New York, you need a defense attorney who understands the local courts, the applicable New York Penal Law, and the stakes involved. Gun possession offenses in New York can be charged as misdemeanors or felonies depending on the type of weapon, the circumstances, and whether the accused has a prior record. Law Offices Of SRIS, P.C. represents clients throughout Monroe County, including Rochester, Irondequoit, Greece, Brighton, and surrounding communities. Mr. Sris, a former prosecutor, and his Of Counsel bring extensive combined legal experience to gun-related criminal matters. Reach our firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Gun Possession Charges Mean in Monroe County
Gun possession offenses in New York are governed by Article 265 of the New York Penal Law. A charge may arise from allegedly carrying a firearm without a proper permit, possessing a loaded weapon outside a home or place of business, or possessing certain prohibited weapons. In Monroe County, these matters are heard in the local criminal court for misdemeanor-level offenses or in Monroe County Supreme Court for felony-level charges. The specific charge—and whether it is a misdemeanor or a felony—often depends on the statutory definition of the weapon and the alleged circumstances of its possession.
The Monore County Supreme Court, located at 99 Exchange Boulevard in Rochester, handles all felony gun possession cases arising in the county. Misdemeanor and violation-level charges are generally adjudicated in the Monroe County Criminal Court. New York’s bail reform, effective January 2020, eliminated cash bail for most misdemeanors and non-violent felonies, meaning many defendants are released on their own recognizance. However, bail may still be set for qualifying violent felonies. A conviction for a gun offense can carry significant consequences, including incarceration, fines, and a permanent criminal record that may affect employment, firearm rights, and immigration status.
How Mr. Sris and His Of Counsel Handle Gun Possession Cases
Mr. Sris and his Of Counsel begin by reviewing every detail of the charge—the initial police stop, the basis for any search, the chain of custody of the weapon, and whether the client had a valid permit or other legal justification. They appear regularly in Monore County criminal courts and are familiar with local prosecutorial practices. The defense may challenge the constitutionality of a search and seizure, argue that the item in question does not meet the statutory definition of a prohibited weapon, or negotiate for a reduced charge through an Adjournment in Contemplation of Dismissal (ACD) when the client is eligible. An ACD can result in the charge being dismissed after a period of good behavior.
The legal team works to keep clients informed at each stage, from arraignment through any motion practice, hearings, and trial if necessary. While every case is unique and past results do not guarantee a similar outcome, the goal is to pursue the most favorable resolution achievable under the specific facts and applicable law. For those facing felony gun charges, the team prepares for the possibility of grand jury proceedings and, where warranted, moves to dismiss or reduce the charges based on evidentiary weaknesses.
About Mr. Sris and His Of Counsel Team
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C.; he is a former prosecutor who founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background informs his approach to criminal defense, and he keeps a manageable caseload to maintain personal involvement in the firm’s matters. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.
The Of Counsel team includes experienced attorneys who are engaged through Excella and work collaboratively with Mr. Sris on gun possession cases in Monroe County. Together, they draw on decades of collective courtroom experience to address the legal and procedural aspects of firearm-related charges.
Frequently Asked Questions
What is the penalty for a gun possession charge in Monroe County, New York?
The penalty for a gun possession charge in Monroe County depends on whether the offense is classified as a violation, a misdemeanor, or a felony under the New York Penal Law. A Class A misdemeanor can result in up to one year of incarceration. Felony classifications carry longer potential sentences: for example, a Class E felony is punishable by up to four years of imprisonment, while Class C and B felonies carry longer maximum terms. The specific alleged conduct and the defendant’s criminal history shape the possible penalty. Because the consequences can be severe, it is important to seek legal counsel as soon as possible after a charge is filed.
Can I get my gun possession case dismissed if the search was illegal?
A motion to suppress evidence may be filed if law enforcement conducted an illegal search or seizure in violation of the Fourth Amendment. If the court grants the motion and the evidence recovered—such as the firearm—is excluded, the prosecution may be unable to proceed. Mr. Sris and his team regularly scrutinize police reports and body-worn camera footage to identify constitutional violations. Each case is different, but a successful suppression motion can be a path to dismissal. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is an Adjournment in Contemplation of Dismissal (ACD) in a gun case?
An ACD is a disposition under New York law where the court adjourns the case for a period—often six to twelve months—and dismisses the charge if the defendant complies with any conditions set by the court. Some first-time gun possession charges may be eligible for an ACD. If granted, and if the defendant has no new arrests and follows any required terms, the charge is dismissed and the record can be sealed. Not every charge qualifies, and an attorney can help determine whether an ACD is a realistic option in a particular case.
How does Monroe County handle bail for firearm charges?
Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and many non‑violent felonies, but certain firearms charges may still be bail‑eligible. A judge in the Monroe County Criminal Court or Supreme Court will consider whether the charge qualifies under the statutory list of bail‑eligible offenses. If bail is set, an attorney can advocate for reasonable conditions of release. For many defendants, release on recognizance is possible, but the analysis is highly case‑specific.
What gun possession charges are prosecuted as felonies in Monroe County?
New York felony weapon charges often involve allegations of possession of a loaded firearm outside a dwelling or place of business, possession of a prohibited weapon, or possession of a weapon by a person with a prior conviction. Specific charges, such as Criminal Possession of a Weapon in the Second Degree (a Class C violent felony), carry substantial mandatory minimum sentences. Misdemeanor-level charges include possession of certain unlawful ammunition, carrying a firearm without a license on a school ground, or possessing an unloaded firearm without a permit. The distinction affects where the case is heard and the potential penalty.
Where can I find a gun possession lawyer near Monroe County?
Mr. Sris and his Of Counsel represent clients in Monroe County and throughout New York from the firm’s New York location. Consultations are available by appointment, and you can reach the firm at (888) 437-7747. The firm’s attorneys are admitted in New York and four additional jurisdictions, and they have experience with the local courts in Monroe County, including the Rochester criminal courts.
For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
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New York Penal Law, Article 265 |
Monroe County Supreme Court |
New York State Unified Court System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Attorney responsible for this advertising: Mr. Sris. Results may vary.