Essex County Felon in Possession Lawyer — What Are Your Defense Options?
A conviction for being a felon in possession of a firearm in Essex County is a second-degree crime under N.J.S.A. 2C:39-7, punishable by 5-10 years in prison. As a prohibited person, your prior record escalates the charge. The Law Offices Of SRIS, P.C. provides a strong defense for these serious allegations. We offer 24/7 phone consultations.
New Jersey Law on Firearm Possession by Convicted Felons
New Jersey maintains strict laws prohibiting certain individuals from possessing firearms. Under N.J.S.A. 2C:39-7, it is a crime for any person who has been convicted of certain crimes, including aggravated assault, robbery, or any other crime of the first, second, or third degree, to possess a firearm. This statute is the basis for charges against a felon with a firearm. The law is designed to prevent individuals deemed a risk to public safety from accessing weapons. A conviction can have severe, long-lasting consequences on your freedom and future.
Last verified: April 2026 | Essex County Superior Court | New Jersey Legislature.
Official Legal Resources
Understanding the specific law you are charged under is critical. You can review the official statute at the New Jersey Legislature website for N.J.S.A. 2C:39-7. For information on court procedures in Essex County, visit the New Jersey Courts website.
Defense Strategy for a Prohibited Person Gun Charge in Essex County
An effective defense requires challenging both the legality of the police encounter and the evidence of possession. In Essex County, prosecutors vigorously pursue these cases. A common defense examines whether the search that discovered the firearm was constitutional. If police lacked probable cause or a valid warrant, the evidence may be suppressed. Another angle is contesting knowledge and control—were you aware the firearm was present, and did you have dominion over it? We analyze every detail of the arrest report and police conduct.
- Initial Case Review: We immediately obtain all discovery, including police reports, witness statements, and forensic reports to identify weaknesses in the prosecution’s case.
- Motion to Suppress: If the search or seizure violated your Fourth Amendment rights, we file a motion to suppress the firearm evidence, which can lead to a case dismissal.
- Negotiation & Mitigation: We engage with the prosecutor to present mitigating factors about your background and circumstances, aiming to reduce charges or secure a favorable plea agreement.
- Trial Preparation: If a fair plea cannot be reached, we prepare a strong trial defense, challenging the state’s ability to prove every element of the crime beyond a reasonable doubt.
Potential Penalties for a Felon in Possession Conviction
In Essex County, being a felon in possession of a firearm is a second-degree crime carrying a mandatory minimum sentence with significant state prison time.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession of a Firearm | Second-Degree Crime | 5 to 10 years (Graves Act – mandatory min.) | Up to $150,000 | Permanent felony record, loss of voting rights, prohibition on future firearm ownership. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Defending Serious Firearm Charges
Founded in 1997, the Law Offices Of SRIS, P.C. brings decades of combined experience to serious criminal defense. Our firm’s founder is a former prosecutor who understands the tactics used by the state. We approach each prohibited person gun charge with a detailed strategy, scrutinizing police procedures and evidence. Our commitment is to provide a vigorous defense for every client facing these life-altering charges.
Case Results for Firearm and Weapons Charges
Our firm has a documented history of achieving favorable results in serious criminal cases. While every case is unique, our focused defense strategies aim for reductions, dismissals, or acquittals. We have successfully defended clients against various weapons charges by challenging unlawful searches and the prosecution’s evidence.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Essex County Firearm Defense Lawyers
If you are facing a charge for being a felon in possession of a firearm, immediate action is critical. Our Essex County location is centrally located to serve clients throughout the region, including near Newark and the surrounding communities. We are a dedicated felon in possession lawyer Essex County residents can consult for a strong defense.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations — meetings by appointment only.
FAQs: Felon in Possession Charges in New Jersey
What does “prohibited person” mean under New Jersey law?
Yes. A “prohibited person” includes anyone convicted of a crime of the first, second, or third degree, among others. This status legally bars you from purchasing, owning, or possessing firearms in New Jersey. If you are unsure of your status, a prohibited person gun charge lawyer Essex County can review your record.
Can I beat a felon in possession charge if the gun wasn’t on me?
It depends. New Jersey law on “constructive possession” means you can be charged if you had knowledge of the firearm and the ability to control it, even if it was in a shared space like a car or home. A strong defense often challenges the proof of this knowledge and control.
Is there a mandatory prison sentence for this charge?
Yes. Under New Jersey’s Graves Act, a conviction for being a felon in possession of a firearm carries a mandatory minimum period of parole ineligibility, typically between one-third and one-half of the base sentence. This often means a mandatory state prison term.
What should I do first after being charged?
First, do not speak to law enforcement without an attorney. Second, contact a felon in possession lawyer Essex County as early as possible. An attorney can secure your release, begin investigating the arrest, and work to protect your rights from the very start of your case.
Can a prior conviction be removed from my record to avoid this charge?
It depends on the prior offense and your eligibility for expungement. If a qualifying conviction is expunged, you may no longer be considered a prohibited person. An attorney can analyze your record and advise if expungement is a viable long-term strategy.
For more information on related charges, see our pages on Federal Weapons Charges or New Jersey Criminal Defense. To understand our full range of services, visit our Criminal Defense hub page.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific case, contact the Law Offices Of SRIS, P.C.
New Jersey law governs this practice area.
Essex County is one part of a statewide practice, and our page on felon in possession lawyer New Jersey covers the process from start to finish.
The same rules apply outside Essex County, and our page on felon in possession cases across Virginia walks through each stage.
Your case in Essex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Essex County that is the Superior Court of NJ, Essex Vicinage (5th Vicinage), 50 West Market Street, Newark, NJ 07102, telephone (973) 776-9300, 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 N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Essex 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: Essex County NJ lawyers directory · Felon in Possession Lawyer in Middlesex County, NJ.