Felon in Possession Lawyer Somerset County — Defending Your Gun Rights
A felon in possession charge in Somerset County, New Jersey, is a serious indictable crime under N.J.S.A. 2C:39-7, carrying a mandatory minimum sentence of five years in state prison. As a prohibited person, your prior conviction creates a severe legal hurdle. Law Offices Of SRIS, P.C.
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
New Jersey Law on Felons Possessing Firearms
New Jersey maintains some of the nation’s strictest firearms laws. The statute specifically prohibiting certain persons from possessing weapons is N.J.S.A. 2C:39-7, “Certain persons not to have weapons.” This law makes it a second-degree crime for any person who has been convicted of certain crimes—including indictable offenses (felonies) in New Jersey or their equivalents elsewhere—to possess any firearm. A second-degree crime in New Jersey carries a sentencing range of 5 to 10 years in state prison, with a presumption of imprisonment and a mandatory minimum term under the Graves Act. The law’s intent is to prevent individuals deemed a potential risk to public safety from accessing weapons. The prosecution must prove you knowingly possessed the firearm, which can be actual physical control or constructive possession (e.g., having dominion and control over the area where it was found).
Official Legal Resources
For the exact statutory language, refer to the official New Jersey statute N.J.S.A. 2C:39-7. All felon in possession cases in Somerset County are heard in the Superior Court of NJ, Somerset Vicinage located at 20 North Bridge Street, Somerville.
Local Defense Strategy in Somerset County
Defending a felon with a firearm charge in Somerset County requires immediate, aggressive action. The Somerset County Prosecutor’s Office vigorously enforces these laws. A key local procedural fact is that New Jersey abolished cash bail in 2017; your pretrial release will be determined by a Public Safety Assessment (PSA) risk score. For a prohibited person gun charge, securing release can be challenging. The defense must attack every element: Was the search that discovered the weapon legal under the Fourth Amendment? Can the state prove you knowingly possessed the firearm, or was it merely near you? Was the firearm operational as defined by law? Does your prior conviction actually qualify under the statute? Success often hinges on pre-trial motions to suppress evidence.
- Secure Immediate Representation: Do not speak to investigators. Contact a defense attorney the moment you are aware of the investigation or charge.
- Case Assessment & Discovery: Your attorney will obtain all police reports, forensic reports, and evidence to identify weaknesses in the prosecution’s case.
- File Pre-Trial Motions: A critical step is filing a motion to suppress evidence if the gun was found through an illegal search or seizure.
- Explore Diversion or Plea Options: For some first-time indictable offenders, PTI may be an option. If not, your attorney will negotiate for a reduced charge or favorable sentencing terms.
- Prepare for Trial or Sentencing: If no favorable resolution is reached, your attorney will build a strong trial defense. If convicted, they will advocate for the minimum sentence under the law.
Potential Penalties for a Felon in Possession Conviction
In Somerset County, a felon in possession conviction is a second-degree crime carrying 5 to 10 years in state prison, with a mandatory minimum period of parole ineligibility.
| Offense | Classification | Incarceration | Fine | Firearms Rights | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of a Firearm (N.J.S.A. 2C:39-7) | Second-Degree Crime | 5–10 years (Graves Act mandatory min.) | Up to $150,000 | Permanent forfeiture | Parole supervision, permanent criminal record, loss of voting rights while incarcerated, difficulty obtaining employment/housing. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to serious criminal defense. Our firm-wide track record includes 4,739+ documented case results. We understand the high stakes of a felon in possession charge and the specific dynamics of Somerset County courts. Mr. Sris provides strategic oversight on serious criminal defense matters, accepting a limited number of cases to ensure deep, strategic involvement.
Our Approach to Your Case
Our defense strategy for a felon in possession charge in Somerset County is immediate and full. We begin by securing your release, challenging the PSA risk score if necessary. We then meticulously dissect the prosecution’s evidence, filing motions to suppress any illegally obtained evidence. We explore all avenues, from PTI diversion to trial, always aiming to avoid the severe mandatory prison sentence. Our secondary attorney, Kristen M. Fisher, a former Assistant State’s Attorney in Maryland, contributes valuable prosecutorial insight to case strategy, helping anticipate and counter the state’s arguments.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Somerset County Firearms Defense Lawyers
Our New Jersey location serves clients at Somerset County courts. We represent individuals in communities like Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Does New Jersey have cash bail for a felon in possession charge?
No. NJ abolished cash bail in 2017. Your pretrial release for a felon in possession charge in Somerset County is determined by a Public Safety Assessment (PSA) risk score measuring flight risk and danger.
What is Pre-Trial Intervention (PTI) for a felon in Somerset County?
It depends. PTI is a diversion program for first-time indictable offenders. Successful completion of 1-3 years of supervision results in dismissal. However, Graves Act offenses like felon in possession have strict eligibility requirements, and prosecutor consent is required.
Can a felon in possession charge be expunged in NJ?
It depends. A conviction for a second-degree crime like felon in possession generally cannot be expunged. However, if the charge is dismissed after PTI or otherwise, expungement may be possible after the statutory waiting period.
What’s the difference between a disorderly persons offense and this charge?
A disorderly persons offense is NJ’s misdemeanor equivalent (max 6 months jail). A felon in possession is an indictable crime (felony equivalent), a second-degree offense heard in Superior Court with a 5-10 year prison range.
What if I didn’t know the gun was in my house or car?
This is a potential defense. The state must prove you “knowingly” possessed the firearm. Your felon with firearm defense lawyer Somerset County can argue you lacked knowledge or control (constructive possession), which is a common challenge to the prosecution’s case.
Can I own a firearm after a conviction?
No. A conviction under N.J.S.A. 2C:39-7 results in a permanent prohibition on possessing firearms in New Jersey. This is a lifetime ban under state and federal law.
Internal Resources
For more information, visit our New Jersey Criminal Defense hub page. We also assist clients in nearby areas like Hunterdon County and Morris County. If you are facing other charges, explore our related services in Somerset County: DUI/DWI defense and family law.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your felon in possession charge in Somerset County.
If you want to see how a Somerset County case fits into the wider process, our page on felon in possession lawyer New Jersey covers it from start to finish.
Your case in Somerset County, New Jersey
Indictable charges are heard in the Criminal Part of the Law Division; disorderly-persons offenses are heard in the municipal court where the charge was filed. In Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Somerset County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Somerset County NJ lawyers directory · Felon in Possession Lawyer Bergen County, NJ · Felon in Possession Lawyer Hudson County, NJ · Felon in Possession Lawyer Monmouth County, NJ.