Felon in Possession Lawyer Madison County — Defending Your Gun Rights
A felon in possession charge in Madison County is a serious felony under New York Penal Law § 265.01-b, carrying a mandatory minimum sentence. As a prohibited person, your past conviction creates a severe legal barrier to firearm ownership. Law Offices Of SRIS, P.C. provides a strong defense for individuals accused of being a felon with a firearm.
Last verified: April 2026 | Madison County Supreme Court | New York State Legislature
In New York, the charge of Criminal Possession of a Weapon in the Third Degree (Penal Law § 265.02) often applies when a person previously convicted of a felony is found in possession of a firearm. This is a Class D violent felony. The law is strict, but defenses exist, such as challenging the legality of the search that discovered the weapon or questioning whether you had actual possession or knowledge of the firearm.
The firm was founded in 1997 by former prosecutor Mr. Sris. With a background that provides an advantage in case strategy, he leads a team focused on detailed criminal defense.
Official Legal Resources
For the official text of New York’s weapon possession laws, refer to the New York Penal Law (official NY Senate site). For Madison County court procedures and information, visit the Madison County Supreme Court website.
Local Defense Strategy in Madison County
In Madison County, felony weapon possession cases are heard in Supreme Court. Prosecutors take these charges very seriously due to New York’s stringent gun control policies. A key local procedural fact is that New York’s bail reform laws do not eliminate bail for violent felonies, which includes many felon-in-possession charges. This means securing release pre-trial can be more challenging, making early and aggressive legal intervention critical.
- Secure immediate legal representation following arrest or upon learning of an investigation.
- Your attorney will file motions to suppress evidence if the search or seizure was unconstitutional.
- Negotiate with the District Attorney’s office, potentially for a reduced charge or favorable plea terms.
- Prepare for trial, focusing on challenging the prosecution’s proof of possession and knowledge.
- If convicted, advocate for the most lenient sentence possible, arguing for probation or alternative programs.
- Explore post-conviction relief options, such as appealing the verdict or seeking a certificate of relief from disabilities.
Potential Penalties for a Felon in Possession Charge
In Madison County, a felon in possession charge as a Class D violent felony carries a potential prison sentence of 2 to 7 years, with a mandatory minimum often required.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 3rd (as a prior felon) | Class D Violent Felony | 2 to 7 years (mandatory min. may apply) | Up to $5,000 | Permanent criminal record; loss of firearm rights | Post-release supervision; difficulty finding employment/housing |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We have handled firm-wide 4,739+ cases with a 93%+ favorable outcome rate. Our approach is based on thorough case preparation and understanding both the law and the local court systems. We focus on building a defense strategy specific to the details of your situation.
Case Results
In Madison County, our firm has a record of 45 total documented case results across all practice areas. We have achieved dismissals, not guilty verdicts, and charge reductions for our clients.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
Toll-Free: (888) 437-7747
By appointment only.
Our New York location serves clients at Madison County courts. We represent individuals in communities including Wampsville, Oneida, Canastota, Cazenovia, Hamilton, Chittenango, Morrisville, Earlville, and Brookfield. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. If you need a felon with firearm defense lawyer Madison County, contact us immediately.
FAQs: Felon in Possession Charges in Madison County
What does “prohibited person” mean under New York gun laws?
Yes. A prohibited person is someone legally barred from possessing firearms. This category includes individuals convicted of a felony, those with certain domestic violence misdemeanors, persons subject to an order of protection, and those adjudicated as mentally ill. If you are a prohibited person, even temporary possession of a gun can lead to felony charges.
Can a felon in possession charge be reduced in Madison County?
It depends. While New York has strict penalties, an experienced prohibited person gun charge lawyer Madison County can sometimes negotiate a reduction. Success depends on case specifics, your criminal history, the circumstances of the arrest, and the strength of the prosecution’s evidence. Early intervention is key to exploring this possibility.
What is the mandatory minimum sentence for this charge?
For a Class D violent felony weapon possession charge where the defendant has a prior violent felony conviction, New York law imposes a mandatory minimum prison sentence. The exact length depends on the specific statute and your prior record. A felon in possession lawyer Madison County can analyze your case to determine the applicable sentencing range.
Are there any defenses to a felon in possession charge?
Yes. Common defenses include challenging the legality of the police search (Fourth Amendment violation), arguing you did not have actual or constructive possession of the firearm, or proving you lacked knowledge the weapon was present. An attorney may also investigate whether your prior conviction qualifies under the specific statute used to charge you.
Should I speak to the police if I’m under investigation?
No. You have the right to remain silent. You should politely decline to answer questions and immediately request an attorney. Anything you say can be used against you. Contact a felon in possession lawyer Madison County before speaking to law enforcement or investigators.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.