Machine Gun Offense Lawyer in Warren County, NY — What Are Your Defense Options?
A machine gun offense in Warren County is a serious felony under New York Penal Law § 265.02, carrying a mandatory minimum prison sentence. Law Offices Of SRIS, P.C. provides defense for state and federal charges involving illegal possession, sale, or transfer of machine guns and other NFA-regulated weapons. Our machine gun offense lawyer Warren County team offers 24/7 consultations.
New York Machine Gun Offense Statute & Definition
In New York, a machine gun is defined under Penal Law § 265.00(10) as “any weapon which shoots, is designed to shoot or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.” Possession of such a weapon is a Class D violent felony under PL § 265.02(3). This includes possession of any firearm that has been modified to fire automatically, or any part designed and intended solely for converting a firearm into a machine gun.
Last verified: April 2026 | Warren County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of New York’s criminal possession of a weapon statutes, see New York Penal Law § 265.02 (official NY Senate). For court information, visit the Warren County Supreme Court website.
Local Court Process for a Machine Gun Offense in Warren County
Machine gun charges in Warren County are typically prosecuted as felonies in the Warren County Supreme Court, Criminal Term. New York’s strict bail reform laws may not apply to this violent felony charge, meaning bail or remand is likely. The prosecution will heavily rely on forensic analysis of the firearm by the New York State Police.
- Arraignment: You will be arraigned in Warren County Supreme Court. The judge will set bail or remand you.
- Grand Jury: The District Attorney will present evidence to a grand jury to secure an indictment.
- Pre-Trial Motions: Your attorney will file motions to suppress evidence, challenge the weapon’s classification, or dismiss charges.
- Plea Negotiations: Your lawyer will negotiate with prosecutors, often seeking a reduction to a non-violent felony.
- Trial or Disposition: The case proceeds to trial or is resolved through a negotiated plea agreement.
Potential Penalties for a Machine Gun Offense in Warren County
In Warren County, criminal possession of a weapon in the third degree (PL § 265.02) for a machine gun is a Class D violent felony carrying a mandatory minimum state prison sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Criminal Possession of a Weapon 3rd (Machine Gun) | Class D Violent Felony | Mandatory Min: 2 years Max: 7 years state prison |
Up to $5,000 | Permanent firearm prohibition | Federal charges possible, violent felony offender status, post-release supervision |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Machine Gun Charge
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex weapon cases. Our tagline, “Advocacy Without Borders,” reflects our commitment to defending clients across jurisdictions. We understand the severe implications of a violent felony conviction and work to protect your future.
Case Results & Client Advocacy
While specific case results are confidential, our firm-wide record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. In Warren County, we have secured favorable resolutions in serious criminal matters. We approach each machine gun case by meticulously examining the evidence, challenging the prosecution’s classification of the firearm, and exploring every constitutional defense.
Results may vary. Prior results do not aim for a similar outcome.
Machine Gun Offense Lawyer Near Me Warren County
If you need a machine gun offense lawyer near me Warren County, our New York location serves clients throughout Warren County, including Lake George, Glens Falls, Queensbury, and Bolton Landing. We are accessible via I-87 and Route 9.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (838)-292-0003 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202, United States
By appointment only.
Frequently Asked Questions
Is possession of a machine gun a federal or state crime in Warren County?
It can be both. You will face state felony charges under NY Penal Law. The ATF may also file federal charges under the National Firearms Act (NFA), which carries even harsher penalties. An experienced machine gun offense lawyer Warren County can handle both systems.
What is the difference between a semi-automatic and a machine gun under New York law?
A semi-automatic fires one round per trigger pull. A machine gun fires multiple rounds automatically with one pull. New York law criminalizes possession of any firearm modified to fire automatically, or any part designed solely for that conversion. The legal definition is technical and often contested.
Can I get bail on a machine gun charge in Warren County?
It depends. New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, but a machine gun offense is a violent felony. The judge has discretion to set bail, often at a high amount, or to remand you without bail. Your attorney will argue for release at the arraignment.
What are common defenses to a machine gun charge?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing the firearm does not meet the legal definition of a machine gun, lack of knowledge or possession, and entrapment. An affordable machine gun offense lawyer Warren County will investigate all possible defenses.
Will I go to prison if convicted?
For a Class D violent felony conviction under PL § 265.02, state prison is mandatory. The minimum sentence is 2 years, with a maximum of 7 years. A skilled defense aims to get charges reduced or dismissed to avoid this mandatory prison time.
Internal Resources
For more information, visit our New York Criminal Defense Lawyer hub page. We also assist with related issues in Warren County like Family Law and Immigration. Learn more about Mr. Sris or our New York office location.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.