Firearm by Felon Lawyer Orange County — Defending Prohibited Persons
Possession of a firearm by a convicted felon is a serious felony under New York Penal Law § 265.01, carrying a mandatory minimum sentence. In Orange County, such cases are prosecuted aggressively in Supreme Court. As your firearm by felon lawyer Orange County, Law Offices Of SRIS, P.C.
Last verified: April 2026 | Orange County Supreme Court | New York State Legislature
New York Law on Felons Possessing Firearms
Under New York Penal Law § 265.01, it is a crime for any person previously convicted of a felony to possess any firearm. This statute is part of New York’s full gun control framework designed to keep weapons out of the hands of individuals deemed a risk to public safety. The law defines “firearm” broadly and does not require the weapon to be operable. A prior felony conviction from any state can trigger this charge. Founded in 1997 by former prosecutor Mr. Sris, our firm has the experience to challenge these serious allegations.
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 filings for Orange County cases are handled through the Orange County Supreme Court website.
Defense Strategy for a Prohibited Person Gun Charge in Orange County
In Orange County Supreme Court, prosecutors take firearm possession by felons very seriously, often seeking maximum penalties. A key local procedural fact is that New York’s strict sentencing guidelines for this charge leave little room for plea bargaining without a compelling defense. A successful defense often hinges on challenging the legality of the search that discovered the weapon or disputing knowledge and possession.
- Secure immediate legal representation before any further questioning.
- Your attorney will file motions to challenge the search, seizure, and arrest.
- We will investigate the validity of the predicate felony conviction.
- Negotiate with the District Attorney’s office based on motion outcomes.
- Prepare for trial if a just plea agreement cannot be reached.
- Explore all post-conviction relief and appeal options if necessary.
Potential Penalties for a Firearm by Felon Conviction
In Orange County, a conviction for criminal possession of a firearm by a felon is a Class C violent felony, carrying severe mandatory penalties.
| Offense | Classification | Incarceration | Fine | Post-Release Supervision |
|---|---|---|---|---|
| Criminal Possession of a Weapon in the Third Degree (by Felon) | Class C Violent Felony | Mandatory Minimum: 3.5 years Maximum: 15 years |
Up to $15,000 | 5 years of post-release supervision |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Firearm Charge Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor who understands how the state builds its cases. We have a track record of achieving favorable outcomes for our clients by meticulously preparing each case. For a prohibited person gun charge lawyer Orange County, our strategic approach focuses on protecting your rights and freedom.
Our Approach to Firearm by Felon Cases
We have documented results defending clients in New York courts. Our defense strategy is built on immediate action, thorough investigation, and aggressive litigation. We challenge every aspect of the prosecution’s case, from the initial stop and search to the chain of custody of the alleged weapon. For a felon with firearm defense lawyer Orange County, our goal is to secure the best possible result, whether through dismissal, reduction of charges, or acquittal at trial.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Orange County Firearm Defense Lawyers
Our New York location serves clients in Orange County and the Hudson Valley. We represent individuals in Goshen, Newburgh, Middletown, Monroe, Warwick, Chester, Cornwall, Highland Falls, Kiryas Joel, and Tuxedo.
Law Offices Of SRIS, P.C. — Buffalo, NY
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.
FAQs: Firearm by Felon Charges in Orange County
What is the sentence for a felon caught with a gun in New York?
It is a Class C violent felony with a mandatory minimum state prison sentence of 3.5 years and a maximum of 15 years, plus 5 years of post-release supervision.
Can a search be challenged in a firearm by felon case?
Yes. If the police lacked probable cause or a valid warrant, a motion to suppress can lead to the firearm evidence being thrown out, which often results in the case being dismissed.
Does a felony conviction from another state count in New York?
Yes. New York law considers out-of-state felony convictions as predicate offenses for a firearm by felon charge. However, the specific nature of the foreign conviction can sometimes be challenged.
What if I didn’t know the firearm was in my house or car?
It depends. The prosecution must prove you knowingly possessed the firearm. Constructive possession arguments are complex, and an experienced firearm by felon lawyer Orange County can build a defense around lack of knowledge.
Are there any defenses to a prohibited person gun charge?
Potential defenses include unlawful search and seizure, mistaken identity, lack of knowledge or possession, and challenging the validity of the prior felony conviction. A skilled prohibited person gun charge lawyer Orange County will identify all viable defenses.
For more information on related legal issues, see our pages on criminal defense in Manhattan and federal criminal defense in Orange County. Learn more about our firm’s approach on our New York criminal defense hub page.