Firearm by Felon Lawyer Warren County, NY — What Are Your Defense Options?
A firearm by felon charge in Warren County, New York, is a serious felony under Penal Law § 265.01(4) and can lead to years in prison. As a prohibited person gun charge lawyer Warren County, Law Offices Of SRIS, P.C. understands the severe penalties and complex defenses involved. Our firearm by felon lawyer Warren County team provides immediate representation.
New York Law on Firearm Possession by a Convicted Felon
In New York, it is a crime for any person previously convicted of a felony to possess any firearm. This is codified under New York Penal Law § 265.01(4), which makes criminal possession of a weapon in the fourth degree a Class A misdemeanor. However, for a person with a prior felony conviction, this charge is typically elevated to criminal possession of a weapon in the second degree under Penal Law § 265.03(3), a Class C violent felony. A conviction carries a mandatory minimum state prison sentence.
Last verified: April 2026 | Warren County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to New York Penal Law § 265.01 (official NY Senate site). Court procedures and forms for Warren County can be found at the Warren County Supreme Court website.
Defense Strategy for a Firearm by Felon Charge in Warren County
Building a defense requires a detailed review of the arrest circumstances and evidence. In Warren County Criminal Court and Supreme Court, prosecutors must prove you knowingly possessed a firearm and have a prior felony conviction. A common defense challenges whether you had actual or constructive possession of the weapon. Another critical area is examining the legality of the search that found the firearm; if your rights were violated, the evidence may be suppressed.
- Immediate Case Review: Contact our firm immediately after arrest or charge. We secure all police reports, evidence lists, and your criminal history.
- Evidence Challenge: We file motions to challenge the legality of the search, seizure, and your statement, seeking to suppress evidence.
- Negotiation Phase: Based on the strength of the evidence and your background, we engage with the Warren County District Attorney’s Office to seek a reduction in charges.
- Trial Preparation: If a fair plea cannot be reached, we prepare a vigorous trial defense, focusing on possession, knowledge, and witness credibility.
- Sentencing Advocacy: If convicted, we advocate for the most lenient sentence possible, presenting mitigating factors to the court.
Potential Penalties for a Firearm by Felon Conviction
In Warren County, a conviction for criminal possession of a weapon in the second degree (PL § 265.03) as a prior felon is a Class C violent felony with a mandatory minimum prison sentence.
| Charge | Classification | Incarceration | Fine | Post-Release Supervision |
|---|---|---|---|---|
| Criminal Possession of a Weapon 2nd (PL § 265.03) | Class C Violent Felony | Mandatory min. 3.5 years, max. 15 years state prison | Up to $15,000 | 5 years post-release supervision |
| Criminal Possession of a Weapon 3rd (PL § 265.02) | Class D Violent Felony | Mandatory min. 2 years, max. 7 years state prison | Up to $5,000 | 5 years post-release supervision |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm by Felon Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to building strong defenses. We have a documented record of favorable outcomes in complex criminal cases. Our founder, Mr. Sris, is a former prosecutor who understands how the other side builds a case. This insight is critical when defending against serious felony weapon charges as a firearm by felon lawyer Warren County.
Case Results in Warren County
Our firm has handled numerous criminal cases in the North Country. In Warren County, we have secured favorable outcomes for clients facing serious charges. While every case is unique, our approach focuses on meticulous evidence review and assertive advocacy. Results may vary. Prior results do not guarantee a similar outcome.
For a prohibited person gun charge lawyer Warren County, having local experience is an advantage. Our team is familiar with the procedures at Warren County Criminal Court and the tendencies of local prosecutors.
Contact Our Firearm by Felon Lawyer Warren County
Our New York location serves clients in Warren County and the North Country. We are accessible to residents of Lake George, Glens Falls, Queensbury, and surrounding communities.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
24/7 phone consultations. Meetings by appointment only.
FAQs: Firearm by Felon Charges in Warren County
What does “firearm by felon” mean in New York?
It is a felony for anyone with a prior felony conviction to possess any firearm. This charge is often brought as Criminal Possession of a Weapon in the Second Degree under NY Penal Law § 265.03.
Can I get bail on a firearm by felon charge in Warren County?
It depends. New York’s bail reform laws eliminated cash bail for most non-violent felonies, but a firearm charge as a prior felon is often considered a qualifying offense where bail or remand can be set. The judge will consider your record and the specifics of the case.
What is the best defense against this charge?
Common defenses include challenging whether you actually possessed the firearm, arguing you lacked knowledge it was present, and filing motions to suppress evidence obtained through an illegal search or seizure. A skilled firearm by felon lawyer Warren County will identify the strongest defense for your situation.
Is there a mandatory prison sentence?
Yes. A conviction for Criminal Possession of a Weapon in the Second Degree (PL § 265.03) as a prior felon carries a mandatory minimum state prison sentence of 3.5 years.
Can a prior felony conviction be challenged?
In some cases, yes. If your prior conviction was in another state, we may challenge whether it qualifies as a “felony” under New York law. We can also examine if there were constitutional defects in the prior conviction that could impact the current case.
