Firearms Possession Lawyer Putnam County, NY
Facing a firearms possession charge in Putnam County, New York, can be overwhelming. The stakes are high—a conviction can mean incarceration, a permanent criminal record, and the loss of your right to carry a firearm. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel appear in courts across Putnam County, including the Putnam County Supreme Court in Carmel and the local criminal courts, defending clients against weapons-related charges. Mr. Sris, a former prosecutor who founded the firm in 1997, concentrates his practice on criminal defense. To discuss your situation and learn how we may be able to help, reach our New York location at (888) 437-7747 and request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearms Possession Means in Putnam County
In New York, firearms possession is governed by Article 265 of the Penal Law. The law distinguishes between lawful possession—typically by a person with a valid permit—and a broad range of illegal possession offenses. These can involve unregistered handguns, loaded firearms outside a residence or place of business, possession of a defaced weapon, or possession by a person with a prior felony conviction. In Putnam County, law enforcement agencies actively investigate weapons complaints, and prosecutors review each case carefully. The county is part of the 9th Judicial District, and a criminal matter may proceed in either the local criminal court for misdemeanor-level offenses or the Putnam County Supreme Court for felony charges. New York’s firearms statutes are among the most restrictive in the country, and the consequences of a conviction can be severe.
The nature of the charge depends on factors such as the type of weapon, where it was found, and the individual’s prior record. For example, mere possession of a pistol or revolver without a valid New York City or New York State permit is generally a class E felony. Possession of a loaded firearm outside a permissible location often elevates the charge. Under the current Penal Law framework, a violation-level offense can carry up to 15 days in jail; class B misdemeanors up to 3 months; class A misdemeanors up to 1 year; and felony classes range from 1 to 4 years on the low end up to life imprisonment for the most serious armed violent felonies. Putnam County courts follow New York’s 2020 bail reforms, meaning that many defendants charged with non-violent firearms possession are released on their own recognizance. However, bail may still be set in cases involving violent felony allegations or if the defendant poses a flight risk. Additionally, a first-time offender may be eligible for an Adjournment in Contemplation of Dismissal (ACD), which, upon successful completion of a period of good behavior, results in the dismissal of the charges.
How Mr. Sris and His Of Counsel Handle Firearms Possession Cases
When a client contacts Law Offices Of SRIS, P.C. about a firearms possession matter, Mr. Sris and his Of Counsel begin with a thorough review of the arrest circumstances. They examine whether law enforcement complied with constitutional requirements during any search or seizure. If a weapon was recovered during a stop that lacked reasonable suspicion or a search that exceeded the scope of a warrant, a motion to suppress the evidence may be filed. This step can lead to the exclusion of the firearm and, in many cases, the dismissal of the charge.
The next phase involves evaluating the statutory elements of the offense. For instance, whether the item in question qualifies as a firearm under New York law, whether the client was within a location that falls within a statutory exception, or whether the client held the necessary permit. Mr. Sris and his Of Counsel also assess the client’s background and the potential collateral consequences of a conviction, such as immigration implications or professional licensing issues. Throughout the pretrial process, they engage with the prosecutor to explore possible resolutions, including a reduction of charges, a plea to a non-criminal offense, or participation in a diversion program. If a trial is necessary, Mr. Sris and his Of Counsel prepare a defense that challenges the state’s evidence and presents any applicable affirmative defenses. Their approach is methodical and tailored to the unique facts of each case.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since 1997. As a former prosecutor, he understands how the state builds a weapons case and uses that insight to advocate for his clients. He is admitted to practice in New York as well as in Virginia, Maryland, the District of Columbia, and New Jersey. His Of Counsel—attorneys engaged through Excella—are non-employee litigators who collaborate with Mr. Sris on complex matters. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The team regularly appears in Putnam County courts and is familiar with the local procedures, the 9th Judicial District’s judges, and the approaches of the District Attorney’s office.
Frequently Asked Questions
What should I do if I am facing firearms possession charges in Putnam County?
Contact a criminal defense attorney immediately and do not discuss the facts of your case with anyone except your lawyer. New York law provides you with the right to remain silent, and any statement you make can be used against you. An experienced attorney can review the evidence, advise you of your options, and represent you at every stage of the proceeding, from arraignment to trial. Early involvement of counsel can make a significant difference in the outcome.
Is a firearms possession charge a felony or misdemeanor in New York?
The classification depends on the specific statute charged and the circumstances. Possession of an unregistered firearm is typically a felony, while certain possession offenses—such as possession of a weapon by a person under the age of sixteen—may be prosecuted as a misdemeanor or violation. The penalties vary: a class E felony can carry an indeterminate sentence, while a class A misdemeanor is punishable by up to one year in jail. Because the range is broad, it is critical to understand the exact charge you face.
How does bail work for firearms cases in Putnam County?
Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies. Many defendants charged with weapons possession are released on their own recognizance following arraignment. However, if the charge involves a violent felony or the use of a firearm, cash bail may still be set. The Putnam County courts follow these statewide rules, and your attorney can argue for release on the least restrictive conditions.
Can a firearms possession charge be dismissed in Putnam County?
Yes, there are several ways a firearms charge can be resolved without a conviction. If the suppression of evidence is successful and the prosecution cannot proceed, the case may be dismissed. For some first-time offenders, the court may grant an Adjournment in Contemplation of Dismissal (ACD). After a period of community placement—typically 6 to 12 months—the charge is dismissed and the record may be sealed. Diversion programs and prosecutorial discretion also play a role in achieving favorable resolutions.
Do I need a lawyer for a firearms possession charge in Putnam County?
Yes. Even a minor weapons charge can have lasting consequences. A conviction can result in jail time, a criminal record, and the loss of the right to possess or own a firearm. A lawyer can evaluate the strengths and weaknesses of the case, negotiate with the prosecution, and protect your rights at every hearing. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Related pages:
Criminal Lawyer New York County (Manhattan) |
Criminal Lawyer Kings County (Brooklyn) |
Criminal Lawyer Queens County (Queens)
Official resources:
New York Penal Law (PEN) — www.nysenate.gov |
New York State Unified Court System — www.nycourts.gov
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