Felon in Possession Lawyer Monmouth County — What Are Your Defense Options?
A felon in possession charge in Monmouth 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 Monmouth 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 with over 93% favorable outcomes.
Last verified: April 2026 | Superior Court of NJ, Monmouth Vicinage | New Jersey Legislature
New Jersey Law on Felon in Possession of a Firearm
In New Jersey, it is illegal for any person who has been convicted of a crime, as defined under N.J.S.A. 2C:39-7, to possess any firearm. This statute is strictly enforced in Monmouth County. The charge is a second-degree crime, which carries severe penalties including a mandatory period of parole ineligibility under the Graves Act. The law applies regardless of how the firearm was obtained or the length of time since the prior conviction. A felon with firearm defense lawyer Monmouth County can challenge the state’s evidence on possession, knowledge, and the validity of the prior conviction.
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 local rules for Monmouth County are available at the Superior Court of NJ, Monmouth Vicinage website.
Monmouth County Court Process for a Felon in Possession Charge
All felon in possession cases in Monmouth County are heard in the Criminal Division of the Superior Court at 71 Monument Park, Freehold. New Jersey’s bail reform means pretrial release is determined by a Public Safety Assessment risk score, not cash. The prosecution must prove you knowingly possessed a firearm and have a qualifying prior conviction.
- Arrest and Initial Detention Hearing: You will be held for a detention hearing within 48 hours.
- Indictment: A grand jury will review the evidence to issue an indictment.
- Pre-Trial Motions: Your attorney files motions to suppress evidence or challenge the charge.
- Plea Negotiations or Trial: The state may offer a plea; otherwise, the case proceeds to trial.
- Sentencing: If convicted, sentencing follows Graves Act guidelines.
Penalties for Felon in Possession in Monmouth County
In Monmouth 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 mandatory period of parole ineligibility under the Graves Act.
| 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 parole ineligibility (typically 3-5 years), permanent felony record, loss of voting rights while incarcerated, firearm prohibition for life. |
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 every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. We understand the high stakes of a felon in possession charge and the specific dynamics of Monmouth County’s court system.
Case Results and Client Advocacy
Law Offices Of SRIS, P.C. has a firm-wide record of 4,739+ documented case results with over 93% favorable outcomes. While specific results are confidential, our approach focuses on challenging the legality of the search, the proof of possession, and seeking Graves Act waivers or PTI where applicable.
Results may vary. Prior results do not guarantee a similar outcome.
Felon in Possession Lawyer Near Monmouth County
Our New Jersey location represents clients at Monmouth County Superior Court. We serve communities including Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck.
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.
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 any person previously convicted of a specified crime to possess any firearm. The law applies broadly and carries severe Graves Act penalties.
Can I get PTI for a felon in possession charge in Monmouth County?
It depends. PTI is generally for first-time indictable offenses. A prior felony conviction may disqualify you, but a skilled prohibited person gun charge lawyer Monmouth County can argue for PTI based on the circumstances of your case and life history.
What is the Graves Act?
The Graves Act mandates mandatory minimum prison terms for certain firearm offenses in NJ, including felon in possession. It requires a period of parole ineligibility, typically between one-third and one-half of the base sentence.
Can a felon in possession charge be reduced?
Yes. An experienced felon in possession lawyer Monmouth County can negotiate for a Graves Act waiver, potentially reducing the charge to a third-degree offense with a non-custodial sentence, depending on the case facts.
What defenses are available?
Common defenses include challenging the legality of the search (Fourth Amendment), arguing you did not knowingly possess the firearm, or contesting whether your prior conviction qualifies under the statute.
Internal Resources
For more information, visit our New Jersey Criminal Defense hub page, learn about federal gun charges, or read about criminal defense in Hunterdon County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
For the full picture beyond Monmouth County, our page on felon in possession cases in New Jersey covers the process end to end.
Your case in Monmouth 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 Monmouth County that is the Superior Court of NJ, Monmouth Vicinage (9th Vicinage), 71 Monument Park, Freehold, NJ 07728, telephone (732) 677-4200, 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 Monmouth 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: Monmouth County NJ lawyers directory · Felon in Possession Lawyer Bergen County, NJ · Felon in Possession Lawyer Hudson County, NJ.