Gun Possession Lawyer Kings County, NY

Facing a weapons charge in Brooklyn can have serious consequences. At Law Offices Of SRIS, P.C., we defend clients against allegations of criminal possession of a weapon in Kings County. Our attorneys understand how the Kings County District Attorney’s office prosecutes gun cases and how the court system in Brooklyn handles weapon-related offenses. We work with clients at every stage – from the initial arrest through investigation, grand jury proceedings, and trial. Whether the charge involves a firearm, a loaded magazine, or possession by a person with a prior conviction, we are prepared to protect your rights. Our firm appears in the NYC Criminal Court in Brooklyn for misdemeanor matters and in the Kings County Supreme Court for felony gun indictments. Because New York’s gun laws carry substantial mandatory minimum sentences and can permanently alter your future, it is important to engage experienced defense counsel as early as possible. To discuss your matter with a Kings County gun possession attorney, contact Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Gun Possession Means in Kings County, NY

Kings County, which encompasses the borough of Brooklyn, has a high volume of criminal possession of a weapon prosecutions. Charges range from a class A misdemeanor for simple unlicensed possession of a firearm in your home or place of business, to a class B violent felony for criminal possession of a weapon in the second degree, which is often charged when a person possesses a loaded firearm outside the home with a prior conviction or certain aggravating factors. The Kings County District Attorney’s office works closely with the NYPD’s Gun Violence Suppression Division and the Brooklyn District Attorney’s specialized gun court unit. This means that a weapons case in Brooklyn can move quickly through the system and involve intensive investigative resources.

Serving communities across Brooklyn – including Downtown, Williamsburg, Park Slope, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, and Brownsville – Mr. Sris and his Of Counsel appear regularly before the Kings County Supreme Court at 360 Adams Street and the NYC Criminal Court on Jay Street. New York’s bail reform in 2020 eliminated cash bail for many misdemeanors and non‑violent felonies, but certain violent felony gun charges may still result in bail being set. Our firm is familiar with the local judges, court‑specific calendars, and prosecutors, which allows us to give clients a realistic assessment of their situation and to develop defense strategies grounded in the way Brooklyn courts operate.

How Mr. Sris and His Of Counsel Handle Gun Possession Cases

When a client comes to us with a gun possession charge, we immediately look for potential constitutional issues with the stop, search, and seizure that led to the discovery of the weapon. New York law requires reasonable suspicion for a stop and probable cause for a search, and a failure to meet those standards can result in suppression of the evidence. Our attorneys scrutinize police reports, search warrant affidavits, and body‑worn camera footage to identify weaknesses in the prosecution’s case.

We also examine the specific charging statute. Some common charges in Kings County include criminal possession of a weapon in the fourth degree (a class A misdemeanor for possession of a firearm by a person not licensed to carry in the home or place of business), criminal possession in the second degree (a class C violent felony for possession of a loaded firearm outside the home), and criminal possession in the third degree (a class D violent felony for possession of an unloaded firearm by a person with a prior conviction). Each offense carries distinct penalties and varying opportunities for plea negotiations, diversion, or dismissal. Mr. Sris and his Of Counsel are familiar with the case law interpreting New York Penal Law Articles 265 and 400 and how those precedents are applied in Brooklyn courtrooms.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He established the firm in 1997 and concentrates his practice on criminal defense across multiple jurisdictions. Mr. Sris is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey. His background as a prosecutor gives him insight into how the Kings County District Attorney’s office evaluates and builds gun cases.

The attorneys who work with Mr. Sris serve as Of Counsel and bring a range of experience to criminal defense. Together, they assess the facts of a case, challenge the admissibility of evidence, and steer clients through the complexities of state criminal procedure. For a gun possession charge in Brooklyn, having counsel who understands the interplay between New York’s firearm licensing scheme and the criminal penal law can make a substantial difference.

Frequently Asked Questions

What are the penalties for a gun possession charge in New York?

Penalties for criminal possession of a weapon in New York depend on the degree of the charge, the type of weapon, and the defendant’s prior record. A class A misdemeanor (criminal possession of a weapon in the fourth degree, for a person without a prior conviction who possesses a firearm in a home or place of business) is punishable by up to one year in jail. A class C violent felony (criminal possession of a weapon in the second degree, for possession of a loaded firearm outside the home with a prior conviction) carries a mandatory minimum prison sentence of three and one‑half years and a maximum of fifteen years. A class B violent felony (certain aggravating factors) can result in up to twenty‑five years in prison. Because sentencing involves mandatory minimums and post‑release supervision, it is important to discuss your specific situation with a defense attorney.

Do I need a lawyer if I am charged with gun possession in Brooklyn?

Yes, you should retain an attorney as soon as possible after a gun possession arrest in Kings County. A weapons conviction can lead to incarceration, a permanent criminal record, and restrictions on future employment, housing, and firearm ownership. A defense lawyer can investigate whether the police followed proper procedures, negotiate with the prosecutor for reduced charges or diversion, and represent you at every court appearance from arraignment through trial. If you cannot afford private counsel, you have a right to a public defender, but an experienced private attorney can often dedicate more time and resources to the defense of a serious weapons case.

Can a gun possession charge be dismissed in Kings County?

A gun possession charge can be dismissed if the evidence was obtained through an unlawful stop or search, or if the prosecution cannot prove all elements of the offense beyond a reasonable doubt. Under New York law, a motion to suppress physical evidence is a common way to challenge the admissibility of the firearm. If the court grants the motion, the prosecution may be unable to proceed, and the case can be dismissed. Additionally, some first‑offense misdemeanor gun charges may be eligible for an adjournment in contemplation of dismissal (ACD), which results in dismissal and sealing after a period of good behavior. Our attorneys evaluate the viability of suppression issues and other defenses early in the case.

What is an ACD and does it apply to gun charges?

An Adjournment in Contemplation of Dismissal (ACD) is a New York disposition in which the court adjourns the case for a period, typically six or twelve months, and dismisses the charge if the defendant avoids further arrests. An ACD is commonly available for first‑offense misdemeanors and some non‑violent felonies. For certain low‑level weapon possession charges, such as a first‑offense criminal possession of a weapon in the fourth degree where no aggravating factors exist, the court may grant an ACD. However, violent felony firearm charges are not eligible. A Brooklyn criminal defense attorney can advise whether your particular charge might qualify.

Should I talk to the police if I am arrested for a gun crime?

You have the right to remain silent, and you should assert that right immediately. Do not discuss the facts of the case with law enforcement without an attorney present. Anything you say can be used against you at trial. The police may ask about the firearm, your possession of it, or your knowledge of its presence. Politely inform the officers that you wish to speak with a lawyer, and then make no further statements. Contact an attorney at your earliest opportunity so that counsel can be present during any interviews.

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