Firearm by Felon Lawyer Madison County — Defending Prohibited Persons
A firearm by felon charge in Madison County, New York, is a serious felony under Penal Law § 265.01-b, carrying a mandatory minimum sentence. As a prohibited person, you face severe penalties. A firearm by felon lawyer Madison County from Law Offices Of SRIS, P.C. can challenge the evidence and protect your rights.
New York’s Criminal Possession of a Firearm Law
New York Penal Law § 265.01-b, “Criminal possession of a firearm,” makes it a class E felony for a person prohibited from possessing a firearm under state or federal law to possess any firearm. This statute specifically targets individuals with prior felony convictions, among other prohibited categories. The law is part of New York’s full firearm regulations found in Penal Law Article 265.
Last verified: April 2026 | Madison County Criminal Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to New York Penal Law Article 265. Court procedures and local rules for Madison County can be found on the Madison County Courts website.
Defense Strategy for a Prohibited Person Gun Charge in Madison County
Defending a prohibited person gun charge lawyer Madison County case requires a precise strategy. In Madison County Criminal Court, prosecutors must prove you knowingly possessed a firearm and that you were a legally prohibited person at the time. Common defenses include challenging the legality of the search that found the weapon, arguing a lack of knowledge or control over the firearm, or contesting the validity of the underlying prohibition. New York’s strict laws mean early intervention is critical.
- Secure immediate legal representation after arrest or charge.
- Your attorney will file motions to suppress evidence from any illegal search.
- The defense will scrutinize the chain of custody and forensic testing of the alleged firearm.
- Your lawyer will negotiate with the District Attorney’s office, potentially for a reduced charge or favorable plea.
- If necessary, prepare for a jury trial in Madison County Supreme Court.
Potential Penalties for Firearm Possession by a Felon in NY
In Madison County, criminal possession of a firearm by a prohibited person is a class E felony, punishable by a mandatory minimum prison sentence and significant fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Firearm (Penal Law § 265.01-b) | Class E Felony | Mandatory min. 1-1.5 years; up to 4 years | Up to $5,000 | Permanent criminal record; loss of firearm rights | Federal prosecution possible; prolonged probation; difficulty finding employment/housing |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Madison County Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We have a documented record of 45 case results across all practice areas in Madison County. Our approach is grounded in a deep understanding of New York’s complex firearm statutes and local court procedures.
Case Results for Clients in Madison County
Our firm has achieved 45 total documented case results across all practice areas in Madison County. While specific outcomes depend on the unique facts of each case, our focused defense strategies aim for dismissals, charge reductions, and alternative resolutions.
Results may vary. Prior results do not guarantee a similar outcome.
Firearm by Felon Lawyer Near Madison County, NY
Our New York location serves clients throughout Madison County, including Wampsville, Oneida, Canastota, Cazenovia, Hamilton, Chittenango, Morrisville, Earlville, and Brookfield. We are accessible via I-90 (NYS Thruway) and I-81.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Buffalo, New York 14202 Office No. 142, Buffalo, NY 14202, United States
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
FAQs: Firearm Charges for Prohibited Persons in Madison County
What makes someone a “prohibited person” for gun possession in NY?
Yes. Under NY law, prohibited persons include convicted felons, individuals with certain misdemeanor domestic violence convictions, those subject to active orders of protection, unlawful drug users, and persons adjudicated as mentally defective or committed to a mental institution.
Can I be charged federally and by New York for the same gun?
It depends. Dual sovereignty allows separate prosecutions by state and federal authorities for the same act. While less common, it is possible, especially if the case involves interstate commerce or federal law enforcement agencies. A felon with firearm defense lawyer Madison County can assess the risk and coordinate a defense against both.
What is the mandatory minimum sentence for this charge?
1 to 1.5 years. Criminal possession of a firearm (Penal Law § 265.01-b) is a class E felony with a mandatory minimum state prison sentence of 1 to 1.5 years, even for first-time offenders on this charge.
Are there any defenses if the gun wasn’t on me?
Yes. Constructive possession—where the firearm is found in a place you control, like a car or home—can still lead to charges. Defenses include lack of knowledge the gun was present, lack of intent to control it, or that the area was under another person’s exclusive control. Proving this requires detailed investigation.
Does New York’s bail reform apply to firearm-by-felon charges?
No. Most firearm felonies, including PL § 265.01-b, are considered “qualifying offenses” under New York’s bail reform laws. This means judges have the discretion to set cash bail or remand you to custody pending trial, unlike many non-violent felonies and misdemeanors.
Related Legal Resources
If you are facing other charges, our firm also provides representation for family law matters in Madison County and immigration cases in Madison County. For more information on criminal defense across New York, visit our New York criminal defense hub page. We also serve clients in neighboring areas like Manhattan and Brooklyn.
