Gun Possession Lawyer Steuben County, NY
Gun possession charges in Steuben County, New York require an attorney who understands how the state’s strict firearms laws intersect with local court procedures. At Law Offices Of SRIS, P.C., Mr. Sris, a former prosecutor, and his Of Counsel team represent individuals facing weapon-related charges in Steuben County Supreme Court Criminal Term and the local criminal courts that handle misdemeanors. New York Penal Law classifies certain gun possession offenses as violent felonies, and a conviction can carry substantial prison time and long-term consequences for a person’s record and employment. Because the firm practices in multiple states, Mr. Sris and his Of Counsel bring broad experience to the defense of firearms cases. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleWhat Gun Possession Means in Steuben County, New York
Steuben County, located in the Southern Tier and part of the 7th Judicial District, handles gun possession cases in two court venues depending on the severity of the charge. Misdemeanor-level offenses—including certain violations involving failure to license or permit—proceed in the local criminal courts serving communities such as Bath, Corning, Hornell, and Hammondsport. Felony gun charges, including criminal possession of a weapon in the second, third, or fourth degree, are heard in Steuben County Supreme Court Criminal Term at 3 East Pulteney Square in Bath.
New York’s 2020 bail reform eliminated cash bail for most non-violent felonies and misdemeanors, meaning that many defendants are released on their own recognizance while their case is pending. However, for certain violent felonies involving firearms, a judge may set bail or order detention. An experienced defense attorney can appear at the arraignment and make arguments that favor release, and can also address whether a case is eligible for diversion or an Adjournment in Contemplation of Dismissal (ACD) for qualifying first offenses. Our firm’s familiarity with Steuben County court practices helps clients navigate the process and work toward a favorable resolution.
How Mr. Sris and His Of Counsel Handle Gun Possession Cases
The defense of a New York gun possession charge begins with a careful review of the circumstances of the stop, search, and seizure. New York law enforcement must have reasonable suspicion to stop a person and probable cause to conduct a search. If law enforcement violated a defendant’s constitutional rights, Mr. Sris and his Of Counsel file appropriate motions seeking to suppress the evidence. The prosecution must also prove that the defendant knowingly possessed the firearm and that the firearm met the statutory definition of a prohibited weapon.
Depending on the facts, the defense may challenge the connection between the firearm and the accused, question the reliability of witness identifications, or argue that the possession was lawful under New York’s licensing scheme. Because Mr. Sris is a former prosecutor, he understands how the District Attorney’s office builds its case and can identify weaknesses in the state’s evidence. The firm works to negotiate plea offers to reduced non-weapon charges, diversion programs, or, where appropriate, a complete dismissal. At all stages, our attorneys explain the potential collateral consequences of a conviction, including federal firearms disqualification under 18 U.S.C. § 922(g), so that clients can make informed decisions.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C., founded in 1997, serves clients throughout New York, including Steuben County. Mr. Sris, Owner and Founder, is a former prosecutor who has handled criminal defense matters for more than two decades. His experience on both sides of the courtroom gives him insight into how the state approaches gun prosecution. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Alongside Mr. Sris, the firm’s Of Counsel team brings extensive combined legal experience. The team works collaboratively to evaluate every aspect of a weapons case, from pretrial motions to trial and post-conviction relief. Law Offices Of SRIS, P.C. has documented case results across all practice areas since 1997. Results may vary.
Frequently Asked Questions About Gun Possession in Steuben County
What counts as criminal possession of a weapon in New York?
Criminal possession of a weapon in New York includes possessing a firearm without a valid state license, possessing a loaded firearm outside one’s home or place of business, and possessing certain types of weapons such as machine guns, silencers, or large-capacity ammunition feeding devices. The specific charge—ranging from a Class A misdemeanor for fourth-degree possession to a Class B violent felony for second-degree possession—depends on the type of weapon, the defendant’s prior record, and whether the possession occurred in a sensitive location such as a school. In Steuben County, these charges are prosecuted vigorously, and a knowledgeable attorney can help evaluate defenses related to licensing, lawful transport exceptions, and potential suppression of evidence.
How does bail work for a gun charge in Steuben County?
New York’s 2020 bail reform eliminated cash bail for most non-violent felonies and misdemeanors, but a judge can impose bail or remand a defendant when the charge is a violent felony involving a firearm. A criminal possession of a weapon in the first or second degree is classified as a violent felony and may trigger bail consideration. Mr. Sris and his Of Counsel can appear at arraignment for clients in Steuben County, present arguments for release with conditions, and address any concerns the court may have regarding future court appearances.
Could a gun possession charge be dismissed or reduced?
Yes, a gun possession charge may be dismissed or reduced depending on the strength of the state’s evidence and the availability of pretrial motions. If the stop or search was unlawful, Mr. Sris and his Of Counsel may file a motion to suppress evidence, which could lead the prosecutor to dismiss the case. In some first-offense situations, an Adjournment in Contemplation of Dismissal (ACD) may be available if the defendant has no prior record and the weapon was not used in a violent crime. Additionally, negotiations with the District Attorney can lead to a plea to a non-weapon offense, helping the client avoid mandatory minimum sentences and long-term firearms disabilities.
What are the penalties for illegal gun possession in New York?
Penalties for illegal gun possession in New York range from a misdemeanor punishable by up to one year in jail to a Class B violent felony carrying a sentence of up to 25 years in prison. For example, criminal possession of a weapon in the fourth degree is a Class A misdemeanor, while second-degree possession—which includes possession with intent to use unlawfully and a loaded firearm outside the home—is a Class C violent felony. The presence of aggravating factors, such as a prior felony conviction, can further increase the potential sentence. A conviction also triggers a federal firearms prohibition under 18 U.S.C. § 922(g), making it extremely difficult to ever again lawfully own a firearm. This makes an active defense essential from the very beginning of a case.
Do I need a lawyer for a gun possession charge in Steuben County?
It is strongly advisable to consult with a criminal defense attorney immediately if you are facing a gun possession charge in Steuben County. New York’s weapon laws are complex, and the penalties are severe. Even a seemingly minor offense can result in a criminal record and collateral consequences, including immigration consequences for non-citizens. An experienced attorney can evaluate the evidence, protect your rights during police questioning, and guide you through the court process. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
To learn about how our firm handles criminal cases in other nearby counties, see our Criminal Defense Lawyer in New York County (Manhattan) and Criminal Defense Lawyer in Kings County (Brooklyn) pages. For information about state-level criminal defense resources, visit the New York Criminal Defense overview.
For official primary sources, refer to the New York Penal Law and the Steuben County Supreme Court website.
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.