Felon in Possession Lawyer Middlesex County — What Are Your Defense Options?
A felon in possession charge in Middlesex 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 gun charge lawyer Middlesex County, Law Offices Of SRIS, P.C. provides a strong defense for individuals accused of unlawful firearm possession. Our firm-wide experience includes 4,739+ documented case results. We offer 24/7 phone consultations.
Last verified: April 2026 | Superior Court of NJ, Middlesex 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 a crime, as defined in N.J.S.A. 2C:39-7, to possess any firearm. This statute applies broadly, covering convictions for indictable crimes (felonies) and certain disorderly persons offenses. The charge is a second-degree crime, which carries severe penalties and a legal presumption of imprisonment, meaning the court must sentence you to prison unless exceptional circumstances exist. The prosecution must prove you knowingly possessed the firearm, which can be actual physical possession or constructive possession (having dominion and control over the firearm, such as in your home or vehicle).
Official Legal Resources
For the official statute, refer to N.J.S.A. 2C:39-7 (official New Jersey Legislature site). Court procedures and filings for Middlesex County are handled through the Superior Court of NJ, Middlesex Vicinage website.
Defense Strategy for a Prohibited Person Gun Charge in Middlesex County
Successfully defending a felon in possession case requires challenging every element of the state’s case. A common defense is attacking the legality of the search or seizure that led to the discovery of the firearm. If the police violated your Fourth Amendment rights, the evidence may be suppressed. Another defense is challenging whether you had actual or constructive knowledge and control of the firearm. We also examine whether your prior conviction legally qualifies as a predicate offense under the statute and explore potential diversionary programs or plea negotiations to avoid the mandatory prison sentence associated with a second-degree conviction.
- Secure immediate legal representation before any statements are made to law enforcement.
- Your attorney will file motions to suppress evidence if the search was unconstitutional.
- We will challenge the state’s proof of “knowing possession” and the validity of the predicate conviction.
- Explore all options, including Pre-Trial Intervention (PTI) for eligible first-time indictable offenders or plea negotiations to a lesser charge.
- Prepare for a vigorous trial defense if a favorable resolution cannot be reached.
Penalties for Felon in Possession in New Jersey
In Middlesex County, a conviction for felon in possession as a second-degree crime carries a sentencing range of 5 to 10 years in New Jersey state prison, with a presumption of incarceration.
| 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 | Graves Act mandatory minimum, permanent felony record, loss of firearm rights, collateral immigration consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Middlesex County Firearm Charge
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 “Advocacy Without Borders” philosophy means we fight aggressively for every client. We have a deep understanding of the Middlesex County Superior Court and the strategies used by local prosecutors in prohibited person cases.
Case Results and Client Advocacy
SRIS actively practices in Middlesex County. Firm-wide, our attorneys have handled 4,739+ documented case results with over 93% favorable outcomes. We approach each felon in possession case by meticulously reviewing police reports, forensic evidence, and prior conviction records to identify weaknesses in the prosecution’s case.
Results may vary. Prior results do not guarantee a similar outcome.
Middlesex County Felon in Possession Lawyer Near You
Our New Jersey location serves clients throughout Middlesex County, including New Brunswick, Edison, Woodbridge, Old Bridge, and Piscataway. We are accessible via the NJ Turnpike, Route 1, and Route 18.
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 — (888) 437-7747 — meetings by appointment only.
Felon in Possession Defense FAQs
What does “presumption of imprisonment” mean for a second-degree crime in NJ?
It means the court is required by law to sentence you to a state prison term unless you can prove compelling reasons for a non-custodial sentence, which is a very high legal burden.
Can I get PTI for a felon in possession charge in Middlesex County?
It depends. Pre-Trial Intervention (PTI) is generally available for first-time indictable offenders. However, prosecutors may oppose PTI for serious second-degree weapons charges. A strong application and advocacy from your felon in possession lawyer Middlesex County are essential.
Does New Jersey have cash bail for firearm charges?
No. New Jersey abolished cash bail. Your pretrial release will be determined by a Public Safety Assessment risk score evaluated at the Middlesex County Superior Court.
What is the difference between actual and constructive possession?
Actual possession means the firearm was on your person. Constructive possession means you had knowledge of and the ability to control the firearm, even if it was in a shared space like a car or house. The state often uses constructive possession theories in these cases.
If the gun wasn’t mine, can I still be charged?
Yes. If the prosecution can prove you knew of the firearm’s presence and had the intention to control it, you can be charged under a constructive possession theory, even if it belonged to someone else.
Related Legal Resources
If you are facing other serious charges, our firm also provides strong defense for criminal defense in Middlesex County. For charges in neighboring areas, we serve clients as a criminal defense lawyer in Somerset County. For a broader overview of our services, visit our New Jersey criminal defense hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Middlesex County cases are handled by our New Jersey felon in possession practice, where the whole process is set out.
Middlesex County cases are handled by our Virginia felon in possession practice, where the whole process is set out.
Your case in Middlesex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Middlesex County that is the Superior Court of NJ, Middlesex Vicinage (6th Vicinage), 56 Paterson Street, New Brunswick, NJ 08903, telephone (732) 981-3000, 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 Middlesex 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: Middlesex County NJ lawyers directory · Felon in Possession Lawyer Essex County, NJ.