Felon in Possession Lawyer Cape May County — Defending Prohibited Persons
A felon in possession charge in Cape May 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. Law Offices Of SRIS, P.C. provides a strong defense for individuals charged as a felon with a firearm in Cape May County.
Last verified: April 2026 | Superior Court of NJ, Cape May Vicinage | New Jersey Legislature
New Jersey Law on Felon in Possession
In New Jersey, it is illegal for any person who has been convicted of certain crimes to possess any firearm. This statute, N.J.S.A. 2C:39-7, is known as “Certain Persons Not to Have Weapons.” The law is strict and applies regardless of whether the firearm is operable. A conviction is a second-degree crime, which carries a mandatory presumption of imprisonment. The case is heard in the Cape May County Superior Court, Criminal Division, located at 9 North Main Street in Cape May Court House.
Official Legal Resources
For the official text of the statute, refer to N.J.S.A. 2C:39-7 (official New Jersey Legislature site). Court procedures and information can be found at the Superior Court of NJ, Cape May Vicinage website.
Defense Strategy for a Prohibited Person Gun Charge in Cape May County
Defending a felon in possession charge requires challenging the state’s evidence on multiple fronts. In Cape May County, prosecutors must prove you knowingly possessed a firearm and that you have a disqualifying conviction. A key local procedural fact is that New Jersey abolished cash bail in 2017; your pretrial release hinges on a Public Safety Assessment risk score, not your ability to pay. For a prohibited person gun charge lawyer in Cape May County, the immediate focus is often on securing your release and attacking the legality of the search that found the weapon.
- Secure representation immediately after arrest to advise on the detention hearing.
- File motions to suppress evidence if the search violated your Fourth Amendment rights.
- Challenge the state’s proof that you knowingly possessed the firearm.
- Investigate whether your prior conviction qualifies as a predicate offense under the statute.
- Negotiate for a reduced charge or explore diversionary programs like PTI if eligible.
- Prepare for trial if a favorable plea cannot be reached.
Penalties for a Felon in Possession Charge
In Cape May 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 significant fines.
| Offense | Classification | Incarceration | Fine | Firearms Rights | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of a Firearm | Second-Degree Crime | 5-10 years (presumption of imprisonment) | Up to $150,000 | Permanent loss | Parole ineligibility, permanent criminal record, impact on housing/employment |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Cape May County Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with over 93% favorable outcomes. We understand the high stakes of a felon in possession charge and provide a focused, strategic defense.
Case Results and Client Advocacy
While specific results are confidential, our firm-wide commitment is demonstrated through 4,739+ documented case results across all practice areas and jurisdictions, with a favorable outcome rate exceeding 93%. We actively practice in Cape May County and are familiar with the local court procedures and personnel at the Superior Court in Cape May Court House.
Results may vary. Prior results do not guarantee a similar outcome.
Felon in Possession Lawyer Near Cape May County
Our New Jersey location represents clients facing charges at the Cape May County Superior Court. We serve communities throughout the county including Cape May Court House, Cape May, Wildwood, North Wildwood, Avalon, Stone Harbor, Sea Isle City, and Ocean City.
Law Offices Of SRIS, P.C.
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.
Frequently Asked Questions
What does “felon in possession” mean in New Jersey?
It is a second-degree crime under N.J.S.A. 2C:39-7 for a person with a prior conviction for certain serious crimes to possess any firearm. The prior conviction makes you a “prohibited person.” The charge is heard in Superior Court, not Municipal Court.
Can I get bail for a felon in possession charge in Cape May County?
No. New Jersey abolished cash bail in 2017. Your pretrial release depends on a Public Safety Assessment (PSA) risk score that evaluates your flight risk and danger to the community. A lawyer can argue for your release at a detention hearing.
What is the best defense to a felon in possession charge?
It depends on the facts. Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you did not knowingly possess the firearm, or contesting whether your prior conviction qualifies under the statute. An experienced felon in possession lawyer Cape May County can identify the strongest strategy for your case.
Is Pre-Trial Intervention (PTI) available for this charge?
Possibly. PTI is a diversion program for first-time indictable offenders. Eligibility is not automatic for weapons charges, but a skilled prohibited person gun charge lawyer Cape May County can present arguments for your admission, focusing on rehabilitation and lack of danger.
Will I go to prison if convicted?
A conviction for a second-degree crime in New Jersey carries a presumption of imprisonment, meaning the court must sentence you to prison unless specific, unusual circumstances exist. The range is 5 to 10 years. A strong defense is critical to avoid this outcome.
For more information on related legal issues, see our pages on New Jersey Criminal Defense and Monmouth County Criminal Defense. If you are also facing other charges, consider a Cape May County DUI Lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For the background behind a Cape May County charge, our page explains how New Jersey federal courts handle felon in possession.
Your case in Cape May 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 Cape May County that is the Superior Court of NJ, Cape May Vicinage (1st Vicinage), 9 North Main Street, Cape May Court House, NJ 08210, telephone (609) 463-6550, 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 Cape May 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: Cape May 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.