Washington County Machine Gun Charge Lawyer — What Are Your Defenses?
Possession or use of a machine gun in Washington County, New York, is a serious felony under NY Penal Law § 265.02, carrying a mandatory minimum prison sentence. Law Offices Of SRIS, P.C. provides experienced defense for these complex federal and state charges. If you are facing an automatic weapon charge, contact a machine gun possession lawyer Washington County for immediate help.
New York Law on Machine Guns
New York strictly prohibits the possession, use, sale, or manufacture of machine guns. A machine gun is defined under NY Penal Law § 265.00(9) as any weapon that 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. This includes parts designed and intended for conversion of a weapon into a machine gun.
Last verified: March 2026 | Washington County Supreme Court | New York State Legislature
Founded in 1997, our firm has extensive experience with complex weapons charges. Mr. Sris, a former prosecutor, leads our defense team, bringing a strategic understanding of both prosecution tactics and defense options.
Official Legal Resources
For the official text of the law, refer to NY Penal Law § 265.02 (official New York State Senate). Court procedures and filings for Washington County are handled through the Washington County Supreme Court website.
Local Defense Strategy in Washington County
In Washington County, these charges are typically prosecuted in Supreme Court. The prosecution must prove you knowingly possessed or used the weapon. A common defense involves challenging the weapon’s classification—arguing it is not a true automatic weapon as defined by law. Another defense may involve the legality of the search and seizure that led to the discovery of the weapon.
- Initial Arrest & Arraignment: You will be arraigned in Washington County Supreme Court. Bail arguments are critical, especially given the severity of the charge.
- Grand Jury Indictment: The District Attorney will present evidence to a grand jury to secure a felony indictment.
- Pre-Trial Motions: Your attorney will file motions to suppress evidence, challenge the weapon’s classification, or dismiss charges based on procedural errors.
- Plea Negotiations: If the evidence is strong, your lawyer may negotiate for a reduced charge, such as a lesser weapons possession felony.
- Trial: If no plea agreement is reached, the case proceeds to a jury trial in Supreme Court.
- Sentencing: A conviction carries mandatory state prison time. Your attorney will advocate for the minimum possible sentence.
Potential Penalties for Machine Gun Charges
In Washington County, possession or use of a machine gun is a Class C violent felony, punishable by a mandatory minimum state prison sentence of 3.5 to 15 years, plus significant fines and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Possession of a Machine Gun (NY PL § 265.02) | Class C Violent Felony | Mandatory Min: 3.5 years Max: 15 years |
Up to $15,000 | Permanent criminal record; loss of firearm rights | Federal charges possible; severe immigration consequences |
| Use of a Machine Gun | Class B Violent Felony | Mandatory Min: 5 years Max: 25 years |
Up to $30,000 | Permanent criminal record; loss of firearm rights | Enhanced penalties if used in another crime |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team has over 120 years of combined legal experience. We have a documented record of favorable outcomes in complex criminal cases. We understand the technical aspects of firearms law and work with experienced witnesses to challenge the prosecution’s evidence.
Documented Case Results
While specific results for possession or use of a machine gun lawyer Washington County cases are confidential, our firm-wide record demonstrates our capability. SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes across Virginia, Maryland, New Jersey, New York, and DC. This includes successful resolutions in serious felony matters.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in Washington County
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Toll-Free: (888) 437-7747 | Local: (838) 292-0003
24/7 phone consultations — meetings by appointment only.
Our New York location serves clients in Washington County. We represent individuals in Fort Edward, Hudson Falls, Greenwich, Cambridge, Granville, Salem, Whitehall, and Kingsbury. If you need an automatic weapon charge defense lawyer Washington County, we are accessible for consultations.
Frequently Asked Questions
What is considered a machine gun under New York law?
Yes. New York Penal Law § 265.00(9) defines it as any firearm capable of firing more than one shot automatically with a single trigger pull. This includes conversion devices like “Glock switches.”
Can I be charged federally and by New York State for the same gun?
It depends. Dual sovereignty allows both state and federal prosecutors to file charges for the same act. You often need a lawyer experienced in both systems, like a machine gun possession lawyer Washington County, to handle the concurrent cases.
What are common defenses to a machine gun charge?
Key defenses include challenging the weapon’s automatic capability, proving lack of knowledge, arguing illegal search and seizure, or questioning the authenticity of the evidence. An experienced attorney will identify the best strategy.
Is there a mandatory prison sentence for possession?
Yes. Under NY law, possession of a machine gun is a Class C violent felony with a mandatory minimum state prison sentence of 3.5 years. Probation is not an option.
Should I talk to the police if I’m investigated for this?
No. Politely decline to answer questions and immediately request an attorney. Anything you say can be used to build the case against you. Contact a possession or use of a machine gun lawyer Washington County immediately.
Related Pages: For other legal issues, see our New York Criminal Defense Lawyer hub. For defense in nearby areas, consider Albany County Criminal Defense. For related practice areas, see Washington County Federal Criminal Lawyer.
Page Last verified: March 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.