Weapons Charge Lawyer Queens County, NY
You were driving home on the Grand Central Parkway after a late shift when an officer pulled you over for a broken taillight. During the stop, a handgun you kept in the glove compartment for protection was found. Now you are charged with criminal possession of a weapon in Queens County, facing the prospect of jail time, a criminal record, and the loss of your firearm rights. The consequences are serious, but an arrest is not the same as a conviction. A weapons charge can be challenged. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleStrategy Options for a Weapons Charge in Queens
The approach taken in your case depends on the specific facts. Mr. Sris and his Of Counsel examine every detail of the traffic stop, the search, and the weapon itself. A motion to suppress the firearm may be filed if law enforcement lacked reasonable suspicion for the stop or probable cause for the search. In cases where the weapon was not on your person, the defense may focus on whether you knew it was in the vehicle and lacked the intent to possess it. For those who have a valid out‑of‑state permit, we explore the available exceptions under New York law. Negotiation with the Queens County District Attorney’s Office often centers on securing a reduction to a non‑criminal violation or a conditional disposition. Each route is evaluated with the goal of minimizing the immediate and long‑term impact on your life.
What to Expect When Facing a Weapons Charge in Queens County
After an arrest for a weapons offense in Queens County, your case begins at the NYC Criminal Court, located at 88‑11 Sutphin Boulevard, Jamaica, NY. Arraignment typically occurs within 24 hours of arrest. During this first appearance, the judge informs you of the charges and addresses bail. New York’s 2020 bail reform eliminated cash bail for most misdemeanor and non‑violent felony weapons charges, so many defendants are released on their own recognizance or with non‑monetary conditions. However, for certain violent felony weapons offenses, bail may be set.
If you are charged with a misdemeanor, the matter remains in Criminal Court for pretrial hearings and trial. Felony weapons charges proceed to Queens County Supreme Court after a grand jury indictment. Throughout the process, your attorney may file motions, engage in plea discussions, and explore diversionary options. An Adjournment in Contemplation of Dismissal (ACD) is available for some first‑offense misdemeanor weapons cases, which means the charge is adjourned for six to twelve months and then dismissed if you stay out of trouble. The timeline varies depending on the complexity of the case and the court’s docket.
Penalties for a Weapons Conviction in New York
New York classifies weapons offenses under Article 265 of the Penal Law. The potential sentence depends on the degree of the charge, prior record, and the type of weapon involved.
Criminal possession of a weapon in the fourth degree (N.Y. Penal Law § 265.01) is a Class A misdemeanor. A conviction can result in up to 1 year in jail, a fine of up to $1,000, and a permanent criminal record.
Source: N.Y. Penal Law §§ 70.15, 265.01. Penal Law § 265.01
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Criminal possession of a weapon in the first degree (N.Y. Penal Law § 265.04) is a Class B violent felony. A conviction carries a sentence of 5 to 25 years in state prison and a mandatory five‑year period of post‑release supervision.
Source: N.Y. Penal Law §§ 70.00, 265.04. Penal Law § 265.04
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Beyond incarceration, a weapons conviction may result in the loss of the right to possess firearms under federal law, immigration consequences for non‑citizens, and difficulty finding employment or housing. Mr. Sris and his Of Counsel work to achieve outcomes that minimize these collateral consequences. Results may vary.
Experienced Legal Representation by Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who brings insight into how the state builds its case. He and his Of Counsel team have extensive combined legal experience and have handled criminal matters throughout New York, including in Queens County. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s attorneys serve clients from their New York location by appointment and are admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Our approach to weapons charges is thorough. We review the legality of the stop, the circumstances of the alleged possession, and any applicable statutory defenses. We communicate candidly with clients about the likely path of the case and work to protect their rights at every stage.
Frequently Asked Questions
What should I do if I am arrested for a weapons charge in Queens County?
If you are arrested for a weapons charge in Queens, remain silent and ask to speak with an attorney. Do not discuss the facts of your case with police. Contact Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation as soon as possible so we can begin protecting your interests.
Is possessing a gun in my car without a permit a crime in New York?
Yes, carrying a loaded handgun in a vehicle without a New York pistol permit is a felony offense. Under Penal Law § 265.03, criminal possession of a weapon in the second degree applies when a loaded firearm is possessed outside the home or place of business without a valid permit. This charge carries significant prison exposure.
Can I get an ACD for a weapons charge in Queens County?
An Adjournment in Contemplation of Dismissal (ACD) may be available for certain first‑offense misdemeanor weapons charges in Queens County. Under an ACD, the case is adjourned for six to twelve months. If you avoid new arrests during that period, the charge is dismissed and the record can later be sealed. ACD is not available for violent felonies.
How does the 2020 bail reform affect a weapons case in Queens?
New York’s bail reform eliminated cash bail for most misdemeanor and non‑violent felony weapons offenses. Defendants charged with these offenses are typically released on their own recognizance or with non‑monetary conditions. However, certain violent felony weapon charges, such as first‑degree criminal possession of a weapon, are bail‑eligible.
What are the possible defenses to a weapons charge?
Common defenses include challenging the legality of the stop and search, asserting that you did not knowingly possess the weapon, and raising a statutory exemption. For example, if the firearm was found during an unlawful traffic stop, the evidence may be suppressed. An experienced attorney evaluates the facts to identify the strong $1s for your case.
How much does a weapons charge lawyer cost in Queens?
Fees vary depending on the complexity of the case and the charges you face. Law Offices Of SRIS, P.C. offers consultations to discuss the specifics of your situation. Contact us at (888) 437‑7747 to schedule a consultation and receive information about our fee structure.
Can a felony weapons charge be reduced to a misdemeanor?
Yes, through plea negotiations or pretrial motions, a felony weapons charge may be reduced to a misdemeanor or even a non‑criminal violation. The outcome depends on the strength of the evidence, the defendant’s prior record, and the skill of your legal representation. Mr. Sris and his Of Counsel team have experience negotiating reductions in Queens County.
Do I need a lawyer for a weapons charge in Queens County?
You are not legally required to hire a lawyer, but representing yourself in a weapons case carries significant risks. A conviction can result in jail, a criminal record, and the loss of firearm rights. An experienced attorney understands the procedural rules, knows how to evaluate evidence, and can negotiate effectively with prosecutors.
What is the court process for a felony weapons charge in Queens?
A felony weapons charge begins with an arraignment in Queens County Criminal Court and, if not resolved, proceeds to a grand jury indictment and trial in Queens County Supreme Court. After indictment, the case is scheduled for pretrial hearings and trial. The entire process can range from several months to over a year, depending on the complexity of the case and the court’s calendar.
Will a weapons conviction affect my immigration status?
Yes, a weapons conviction can trigger deportation, inadmissibility, or denial of naturalization. Certain firearms offenses are considered aggravated felonies or crimes involving moral turpitude under immigration law. If you are a non‑citizen, it is critical to consult with a lawyer who understands the immigration consequences of a criminal plea.
We represent clients facing weapons charges throughout New York City, including Manhattan, Brooklyn, Staten Island, and Nassau County.
Contact Law Offices Of SRIS, P.C.
If you are facing a weapons charge in Queens County, reach our New York location by appointment. Call (888) 437‑7747 to schedule a consultation with Mr. Sris and his Of Counsel team. We serve clients throughout New York, Virginia, Maryland, the District of Columbia, and New Jersey.
Law Offices Of SRIS, P.C.
(888) 437‑7747
New York Location (by appointment)
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.
