Felon in Possession Lawyer Bergen County — What Are Your Defense Options?
Being a felon in possession of a firearm in Bergen County is a second-degree crime under N.J.S.A. 2C:39-7, punishable by 5-10 years in state prison with a presumption of imprisonment. As a prohibited person, you face severe penalties. A skilled felon in possession lawyer Bergen County from Law Offices Of SRIS, P.C. can challenge the state’s evidence and explore defenses.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
New Jersey Law on Felons Possessing Firearms
New Jersey strictly prohibits certain persons from possessing firearms. Under N.J.S.A. 2C:39-7, it is a crime of the second degree for any person who has been convicted of certain crimes, including aggravated assault, robbery, or any crime with a potential sentence exceeding one year, to possess a firearm. This statute applies regardless of where the prior conviction occurred, making a felon with firearm defense lawyer Bergen County essential. The law is aggressively enforced in Bergen County, where cases are prosecuted in the Superior Court Criminal Division in Hackensack.
Official Legal Resources
For the official statute, see N.J.S.A. 2C:39-7 (official New Jersey Legislature site). Court information is available at the Superior Court of NJ, Bergen Vicinage website.
handling a Bergen County Felon in Possession Case
In Bergen County, these cases begin with an arrest and are presented directly to the Grand Jury for indictment. The prosecution must prove you knowingly possessed a firearm and have a disqualifying conviction. A prohibited person gun charge lawyer Bergen County will scrutinize the search that led to the discovery of the weapon, the chain of custody of the evidence, and the validity of the prior conviction used for enhancement. The court at 10 Main Street in Hackensack handles these serious indictable offenses.
- Secure immediate legal representation after arrest.
- Your attorney files motions to suppress illegally obtained evidence.
- Your lawyer negotiates with the Bergen County Prosecutor’s Office, potentially for a reduced charge or PTI.
- If no plea is reached, your attorney prepares for trial in Bergen County Superior Court.
Penalties for Felon in Possession in New Jersey
In Bergen County, a felon in possession conviction is a second-degree crime carrying 5 to 10 years in New Jersey State Prison, with a presumption of imprisonment, and a fine of up to $150,000.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession of a Firearm | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Extended parole ineligibility, permanent firearm disability, loss of voting rights while incarcerated. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Bergen County Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We understand the high stakes of a felon in possession charge in Bergen County and provide a focused, strategic defense aimed at protecting your freedom.
Our Approach to Your Case
Our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes. While we actively represent clients in Bergen County, each case is unique. We immediately investigate the circumstances of the arrest, file pre-trial motions to challenge evidence, and explore all avenues, including Pre-Trial Intervention (PTI) for eligible first-time offenders, to seek a favorable resolution.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our New Jersey location serves clients throughout Bergen County, including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. We are accessible via I-80, the NJ Turnpike, and Route 17.
Felon in Possession Defense FAQs
What makes someone a “prohibited person” in New Jersey?
Yes. Under N.J.S.A. 2C:39-7, prohibited persons include anyone convicted of aggravated assault, robbery, burglary, or any crime punishable by over one year in prison. Certain domestic violence convictions also trigger the prohibition. A prohibited person gun charge lawyer Bergen County can review if your prior conviction legally qualifies.
Can I get PTI for a felon in possession charge in Bergen County?
It depends. PTI is generally for first-time indictable offenders. However, prosecutors often oppose PTI for weapons offenses. A strong defense showing mitigating circumstances or challenging the evidence can improve your chances. An experienced felon in possession lawyer Bergen County can advocate for your admission into the program.
What if the gun wasn’t on me when I was arrested?
New Jersey law recognizes “constructive possession,” meaning control over the firearm, even if it’s not on your person. The state must prove you knew of the gun and had the intention to control it. A felon with firearm defense lawyer Bergen County will attack the state’s ability to prove these elements beyond a reasonable doubt.
Does New Jersey’s bail reform apply to felon in possession charges?
Yes. New Jersey abolished cash bail. Your pretrial release will be decided by a judge based on a Public Safety Assessment risk score. For a second-degree crime, the prosecutor may seek detention. Your attorney can argue for your release with conditions at a detention hearing in Bergen County Superior Court.
What are the main defenses to a felon in possession charge?
Key defenses include challenging the legality of the search (Fourth Amendment), proving you did not knowingly possess the firearm, attacking the chain of custody of the evidence, or contesting the validity of the prior disqualifying conviction. A strategic defense by a skilled felon in possession lawyer Bergen County is critical.
Related Pages: For other legal needs, see our New Jersey Criminal Defense hub, or learn about Federal Criminal Defense in Bergen County. We also assist clients in neighboring areas like Morris County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Bergen County, and our page on felon in possession charges across New Jersey walks through each stage.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Felon in Possession Lawyer Hudson County, NJ · Felon in Possession Lawyer Monmouth County, NJ.