Use of a Firearm in Crime of Violence Lawyer in Orange County, NY
A charge for the use of a firearm in a crime of violence in Orange County, New York, is a serious felony under state and federal law, carrying severe mandatory penalties. Law Offices Of SRIS, P.C. provides focused defense against these charges, including 924c charge defense and gun enhancement defense.
Statutory Definition of Firearm Use in a Crime of Violence
In New York, the use of a firearm in the commission of a felony is addressed under various statutes, including criminal possession of a weapon and specific violent felony offenses. At the federal level, 18 U.S.C. § 924(c) imposes mandatory consecutive sentences for using or carrying a firearm during and in relation to any crime of violence or drug trafficking crime. A “crime of violence” is defined under federal law as a felony that has as an element the use, attempted use, or threatened use of physical force against another person or property. Defending against these charges requires a lawyer experienced in both state and federal court procedures and the intricate legal arguments surrounding what constitutes a “crime of violence.”
Last verified: March 2026 | Orange County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of New York’s weapon possession laws, refer to the New York Penal Law (official New York State Senate). For federal statute 18 U.S.C. § 924(c), consult the U.S. Code via Cornell Law School. Local court procedures can be found on the Orange County Supreme Court website.
Local Defense Strategy in Orange County Courts
In Orange County, firearm charges can be prosecuted in Orange County Criminal Court for state-level misdemeanors or the Orange County Supreme Court Criminal Term for felonies. Federal charges may be brought in the Southern District of New York (SDNY) or the Western District of New York (WDNY), depending on the case’s jurisdiction. A key local procedural fact is that New York’s bail reform laws may affect pretrial release for some weapon possession charges, but charges involving the use of a firearm in a violent felony often face strict bail considerations or federal detention hearings.
- Case Assessment: Immediately review all arrest reports, witness statements, and evidence to identify weaknesses in the prosecution’s link between the firearm and the alleged violent crime.
- Motion Practice: File pretrial motions to suppress evidence obtained from unlawful searches or seizures, which is a common defense in firearm cases.
- Legal Challenge: Argue that the underlying offense does not legally qualify as a “crime of violence” under the strict definitions of state or federal law, which can defeat the enhancement.
- Negotiation: Engage with prosecutors to seek a reduction of the charges, potentially removing the mandatory firearm enhancement in exchange for a plea to the underlying offense.
- Trial Preparation: If the case proceeds to trial, prepare a defense focusing on identity, lack of possession, or the absence of intent to use the firearm in connection with a crime.
Potential Penalties for Firearm Use Charges
In Orange County, a conviction for using a firearm in a crime of violence can result in severe state prison sentences or federal mandatory minimums that run consecutively to any other sentence.
| Charge Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| NY State Violent Felony with Firearm | Class B, C, D, or E Violent Felony | Years to life, depending on class and criminal history | Up to $5,000+ | Mandatory post-release supervision, permanent felony record |
| 18 U.S.C. § 924(c) First Offense | Federal Felony | 5-year mandatory minimum, consecutive to other sentences | Up to $250,000 | Federal supervised release, loss of firearm rights |
| 18 U.S.C. § 924(c) Subsequent or Brandishing | Federal Felony | 7 to 25-year mandatory minimum, consecutive | Up to $250,000 | Severe federal prison term, stringent supervised release |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Complex Firearm Charges
Founded in 1997, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to every case. Our founding attorney, Mr. Sris, is a former prosecutor with a background that provides a strategic advantage in dissecting the evidence in complex firearm cases. We have handled numerous cases involving weapons enhancements and understand the high stakes involved.
Documented Case Results
In Orange County, our firm has a documented record of favorable outcomes in criminal cases. While every case is unique, our focused approach aims to achieve the best possible result for each client. We have secured dismissals, not guilty verdicts, and charge reductions in various matters.
Results may vary. Prior results do not aim for a similar outcome.
Orange County Firearm Charge Defense Lawyer Near You
If you need a use of a firearm in crime of violence lawyer near Orange County courts, our firm is accessible to clients throughout the Hudson Valley. We serve communities including Goshen, Newburgh, Middletown, Monroe, Warwick, Chester, Cornwall, Highland Falls, Kiryas Joel, and Tuxedo. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Toll-Free: (888) 437-7747
Visit our New York location page
FAQs: Use of a Firearm in Crime of Violence Charges
What is a 924c charge?
Yes. A 924c charge refers to 18 U.S.C. § 924(c), a federal law that adds a mandatory prison sentence, consecutive to any other sentence, for using or carrying a firearm during a crime of violence or drug trafficking crime.
What does a gun enhancement defense lawyer do?
It depends on the case. A gun enhancement defense lawyer challenges the legal and factual basis for adding extra penalties due to a firearm. This can involve fighting the underlying “crime of violence” definition, moving to suppress the gun as evidence, or negotiating to remove the enhancement from a plea offer.
Can state and federal charges be filed for the same incident?
Yes. Under the dual sovereignty doctrine, both state and federal prosecutors can bring charges for the same criminal act if it violates both state and federal laws. This is common in cases involving firearms and violent crimes.
What is the best defense against a firearm enhancement?
There is no single “best” defense; it depends on the evidence. Common defenses include challenging the legality of the search that found the gun, arguing the defendant did not “use” or “carry” the firearm, or proving the underlying offense was not a qualifying “crime of violence.”
How long does a federal firearm case take?
Typically 6 to 18 months from arrest to resolution, but complex cases can take 1-3 years. The federal Speedy Trial Act sets deadlines, but extensions are common for motion practice, evidence review, and plea negotiations.
Related Legal Resources
If you are facing other charges, our firm also assists with criminal defense in Orange County and federal criminal defense in Orange County. For a full overview of our services, visit our New York criminal defense hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.