Firearms Possession Lawyer Niagara County, NY
Facing a firearms possession charge in Niagara County, New York, is a serious matter. Whether you are accused of illegally carrying a weapon, owning a firearm as a convicted felon, or possessing a gun during the commission of another offense, the consequences can be severe—including imprisonment, fines, and a permanent criminal record. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel bring experienced, multi-state representation to people charged in communities such as Lockport, Niagara Falls, North Tonawanda, Lewiston, and throughout Niagara County. We concentrate our practice on criminal defense and work to protect your rights in the Niagara County Supreme Court and local criminal courts. To request a consultation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Firearms Possession Charge Means in Niagara County
New York law categorizes firearms possession offenses based on the type of weapon, the circumstances of the alleged possession, and the person’s background. Charges can range from misdemeanor Criminal Possession of a Weapon in the Fourth Degree to felony Criminal Possession of a Weapon in the Second Degree. In Niagara County, misdemeanor charges are typically heard in the local criminal court, while felony cases proceed to the Niagara County Supreme Court. The court system in the 8th Judicial District serves communities across Western New York, and the court’s location at 175 Hawley Street in Lockport handles felony arraignments and trials.
New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies. Many defendants are released on their own recognizance or with conditions. However, bail may still be set for violent felony charges or when the court determines it necessary. An Adjournment in Contemplation of Dismissal (ACD) is available for certain first-offense cases, allowing charges to be adjourned for a period of time and then dismissed if the individual stays out of trouble. The Raise the Age Act of 2017 directs cases involving 16- and 17-year-olds to Family Court, a different procedural path than adult criminal court.
Penalties for a firearms conviction depend on the offense classification. A Class A misdemeanor carries a maximum of one year in jail. A Class E felony can result in a sentence of 1 to 4 years, while a Class B violent felony may impose a sentence of 5 to 25 years. The most serious firearms offenses, such as possession of a loaded firearm by a convicted felon or possession in furtherance of a drug crime, can lead to longer terms of imprisonment. Because outcomes hinge on the facts of each case, it is advantageous to have an attorney who understands both New York’s Penal Law and the practices of the local courts.
How Law Offices Of SRIS, P.C. approaches Firearms Cases
Mr. Sris and his Of Counsel take a thorough approach to every firearms possession matter. When you consult with us, we review the evidence against you, including police reports, witness statements, and any search and seizure procedures. We examine whether law enforcement followed proper protocol in obtaining the weapon, whether your constitutional rights were respected, and whether there are grounds to seek suppression of evidence. In many cases, a successful challenge to the legality of a stop or search can weaken the prosecution’s case considerably.
We also explore diversionary options where available. For first-time offenders, an ACD may be a favorable resolution that avoids a conviction. In other situations, negotiating a plea to a lesser charge can minimize the long-term impact on your record and your ability to possess firearms in the future. Our team appears regularly in Niagara County courts and is familiar with the local prosecutors and judicial expectations, which helps us assess realistic case strategies. Throughout the process, we keep you informed and provide clear explanations so you can make informed decisions about your defense.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and his background on both sides of the courtroom gives him a distinctive perspective when building a defense strategy. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel attorneys bring further trial and investigative experience to the team. Together, Mr. Sris and his Of Counsel handle firearms possession cases in Niagara County and across the state. They understand the pressure a criminal charge creates and work to achieve a resolution that protects your future. To schedule a consultation, call (888) 437-7747.
Frequently Asked Questions
What is the penalty for illegal possession of a firearm in New York?
The penalty for illegal firearm possession in New York depends on the degree of the charge. A misdemeanor conviction can carry up to one year in jail, while a Class B felony can result in a sentence of 5 to 25 years. The most serious offenses, such as criminal possession of a weapon in the first degree, may expose a person to a term of life imprisonment. The specific sentence is determined by the court after considering the facts of the case and the defendant’s criminal history.
Does New York have cash bail for firearms charges?
New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, but bail may still be set for violent felony charges. For a firearms charge classified as a violent felony, the court may order bail or remand the defendant. If bail is set, the amount and conditions are determined at arraignment. A defense attorney can argue for release on recognizance or the least restrictive conditions based on community ties and the individual’s circumstances.
What is an ACD in Niagara County, New York?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition that suspends prosecution for a period of time, after which the charges are dismissed if the defendant stays out of trouble. In Niagara County, an ACD may be offered for certain first-offense weapons charges at the court’s discretion. The adjournment period, typically between six and twelve months, requires compliance with any conditions set by the court. If the defendant is rearrested during that period, the prosecution can reinstate the original charges.
Can I get my criminal record sealed for a firearms offense in Niagara County?
Sealing a firearms conviction in New York is possible under certain conditions, particularly through the conditional sealing provisions of CPL § 160.59. Generally, a person who has no more than two eligible convictions and has waited the required statutory period may petition the court. Cases terminated with an ACD are automatically sealed. An attorney can evaluate whether your specific firearms disposition qualifies for sealing and guide you through the petition process in Niagara County Supreme Court.
How does the court process work for a felony firearms charge in Niagara County?
A felony firearms charge in Niagara County begins with an arrest and arraignment in the local criminal court, after which the case is transferred to Niagara County Supreme Court. The defendant may appear before a grand jury for an indictment. Pre-trial motions and discovery follow, and plea negotiations may occur at any stage. If the case proceeds to trial, a jury decides guilt; otherwise, the court accepts a negotiated plea or proceeds with a bench trial. The entire process can span several months, depending on the complexity and the court’s schedule.
Do I need a lawyer for a firearms possession case in Niagara County?
While you are not legally required to hire a lawyer, a firearms possession charge carries serious potential consequences that make experienced representation advisable. A defense attorney can evaluate the strength of the evidence, identify procedural errors, negotiate with the prosecution, and present mitigating factors. Self-representation risks overlooking legal defenses or accepting a disposition that has long-term repercussions on your ability to own or possess firearms. Meeting with counsel early allows you to explore your options before making any decisions about your case.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Niagara County communities served include Lockport, Niagara Falls, North Tonawanda, Lewiston, Sanborn, Newfane, Cambria, Ransomville, Wilson, and Youngstown. Mr. Sris and his Of Counsel also handle criminal matters in neighboring counties: Erie County, Monroe County, Onondaga County, and Nassau County.
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