Gun Possession Lawyer Ontario County, NY
You were at a gas station on Route 96 outside Canandaigua when a deputy asked if you had anything illegal in the car. You mentioned the unloaded antique revolver that belonged to your grandfather, kept in a locked case in the trunk. You were charged with fourth-degree criminal possession of a weapon. Now you are facing an Ontario County Criminal Court appearance and a possible criminal record. Law Offices Of SRIS, P.C. represents people charged with firearms offenses in Ontario County. Reach our location at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options for a Gun Possession Charge in Ontario County
Gun possession prosecutions in New York carry consequences that a person who has never been through the system may not see coming. Mr. Sris and his Of Counsel team examine each case with the same question: did law enforcement have a lawful basis to stop, detain, search, or arrest? A motion to suppress evidence often reshapes the whole case.
In Ontario County, prosecutors bring firearms charges under provisions of the New York Penal Law that range from a violation to a violent felony depending on whether the weapon is loaded, whether it is operable, and whether the accused has a prior conviction. Our defense strategies may include challenging the traffic stop or the search that led to recovery of the weapon, establishing that the firearm qualified for an exemption (such as a lawful antique or a valid permit), and exploring pre‑plea diversion where a first‑offense disposition avoids a criminal conviction. We have experience appearing at the Ontario County Criminal Court in Canandaigua and at the Ontario County Supreme Court when a felony indictment is returned.
What to Expect After an Arrest in Ontario County
After an arrest for a gun‑possession offense, a person is typically brought before a judge for arraignment—often within twenty‑four hours. Under New York’s 2020 bail reform, most misdemeanor firearms charges result in release on recognizance, though bail may still be set for certain felony charges. The court will determine conditions of release after hearing from the prosecutor and defense counsel.
Misdemeanor charges proceed in the Ontario County Criminal Court; felony charges move to the Supreme Court Criminal Term after a grand jury indictment. Discovery is provided under the Criminal Procedure Law, and the defense has an opportunity to file motions. An adjournment in contemplation of dismissal (ACD) may be available for eligible first‑offense cases, meaning the charge is adjourned for a period and then dismissed if the individual stays out of trouble.
Throughout the process, Mr. Sris and his Of Counsel attend each court date and keep the client informed of developments. We return phone calls promptly and explain the options before any decision is made.
Penalty Overview
New York classifies gun‑possession offenses on a scale from a violation to a violent felony. A violation carries a sentence of up to fifteen days incarceration. A class B misdemeanor is punishable by up to three months in jail; a class A misdemeanor by up to one year. Felony sentences range from a minimum of one year to a maximum of life imprisonment depending on the degree of the offense and whether any aggravating factors apply. Even a non‑custodial sentence often includes probation supervision, fines, and the loss of the right to possess firearms.
Because a conviction may affect employment, professional licensing, and immigration status, we work to resolve every Ontario County gun‑possession matter in a way that addresses the client’s long‑term interests. Results may vary.
Who Handles Your Case
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. His familiarity with how law enforcement and prosecutors approach firearms cases provides the foundation for our defense strategies.
Mr. Sris works with an Of Counsel team whose members bring extensive combined legal experience to every matter. Each attorney contributes a distinct investigative or courtroom skill‑set that strengthens the defense. The firm has handled criminal matters throughout the Finger Lakes region, and Mr. Sris has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting a career‑long commitment to understanding and improving the law as it affects individuals.
Frequently Asked Questions
Can I be arrested for possessing a gun in my own home in Ontario County?
Yes, if possession is unlawful under the New York Penal Law, even in a private residence. New York restricts possession based on permit status, prior convictions, and weapon type. A person may be charged with criminal possession of a weapon if, for example, the firearm is not registered or the person is prohibited from possessing it. Our team examines whether any exemption applies, such as an antique‑firearm exception or a valid out‑of‑state license. To discuss your specific facts, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the difference between a misdemeanor and a felony gun charge in New York?
The classification controls the maximum sentence and which court hears the case. Misdemeanor gun charges are heard in the local criminal court—here, the Ontario County Criminal Court—and carry a maximum jail term of one year. Felony charges are prosecuted in the county court or Supreme Court and can result in a state prison sentence of more than one year. The classification also affects bail eligibility, the possibility of a plea to a reduced charge, and the long‑term collateral consequences of a conviction.
Will my case go to trial?
Most criminal cases in Ontario County are resolved without a trial, but each case is unique. Many gun‑possession matters are resolved through a negotiated disposition, a motion to dismiss, or a pre‑trial diversion program. However, if the prosecution’s evidence is weak or a favorable plea offer is unavailable, Mr. Sris and his Of Counsel are prepared to take the case before a judge or jury. Every decision is made after a full evaluation of the facts.
How much will a lawyer cost for a gun possession case in New York?
Fees vary based on the complexity of the case and whether it is a misdemeanor or a felony. We discuss fees during the initial consultation so that you have a clear understanding before you decide. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation and learn how our fee structure applies to your Ontario County gun‑possession matter.
What should I bring to a first meeting with a criminal defense lawyer?
Bring the charging document, any appearance ticket or bail receipt, and a list of questions. The charging instrument shows the exact penal‑law sections cited by the police or prosecutor. Any paperwork you received from the court, including a notice of your next court date, is helpful. It is also useful to write down a brief timeline of what happened so that the attorney can spot issues right away. Do not discuss the facts with anyone else until you have spoken with your lawyer.
Is it possible to keep a gun‑possession charge off my record?
Depending on the charge and the outcome, a record may be sealed or a conviction avoided. New York allows conditional sealing of certain convictions under CPL § 160.59 after a waiting period. A first‑offense resolved through an ACD results in dismissal and automatic sealing. We discuss record‑clearing options at the start of the case because the strategy for avoiding a conviction may affect the defenses we pursue. A favorable disposition in Ontario County preserves more future opportunities.
Speak with a Gun Possession Lawyer Serving Ontario County
If you or a family member is facing a weapons charge in Canandaigua, Geneva, Victor, or anywhere in Ontario County, call Law Offices Of SRIS, P.C. at (888) 437-7747. We provide a straightforward conversation about your situation and the legal options available. Mr. Sris and his Of Counsel team are licensed in New York and have handled criminal matters in the 7th Judicial District. Results may vary. For a comprehensive statutory analysis, see the firm’s criminal defense practice page.
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.