Felon in Possession Lawyer Morris County — What Are Your Defense Options?
A felon in possession charge in Morris 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 defense for felon with firearm charges in Morris County. Our firm-wide experience includes 4,739+ documented case results. We offer 24/7 phone consultations.
Last verified: April 2026 | Superior Court of NJ, Morris 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 a firearm. This statute applies broadly, covering not only firearms but also destructive devices and certain other weapons. The law is strict and does not require the state to prove you intended to use the weapon; mere possession is enough for a conviction. The charge is typically a crime of the second degree, which carries severe mandatory penalties.
For a felon with firearm defense, the specifics of your prior conviction and the circumstances of the alleged possession are critical. The prosecution must prove you knowingly possessed the firearm and that your prior conviction disqualifies you. Defenses often challenge the legality of the search that found the weapon, the proof of possession, or the classification of your prior offense.
Official Legal Resources
Understanding the law is the first step. You can review the official statute, N.J.S.A. 2C:39-7 (official New Jersey Legislature site), which defines the offense of certain persons not to have weapons. For local court procedures and information, visit the Superior Court of New Jersey, Morris Vicinage website.
Defense Strategy for a Prohibited Person Gun Charge in Morris County
Facing a prohibited person gun charge requires immediate and strategic action. In Morris County, these cases are heard in the Superior Court, Criminal Division, located at Washington & Court Streets in Morristown. The court operates under New Jersey’s Criminal Justice Reform Act, which abolished cash bail. Your pretrial release will be determined by a Public Safety Assessment score.
- Secure Immediate Legal Representation: Do not speak to investigators without an attorney present. Contact a lawyer who handles felon in possession cases.
- Case Assessment & Discovery: Your attorney will obtain all police reports, lab analyses, and evidence to identify weaknesses in the prosecution’s case.
- Pretrial Motions: File motions to suppress evidence if the firearm was found through an illegal search or seizure.
- Negotiation & Trial Preparation: Explore all options, from negotiating a plea to a lesser offense to preparing a vigorous trial defense based on lack of possession or knowledge.
- Sentencing Mitigation: If a conviction is unavoidable, build a strong case for a mitigated sentence, presenting factors like rehabilitation and community ties.
Potential Penalties for a Felon in Possession Conviction
In Morris County, a felon in possession conviction as a second-degree crime carries 5 to 10 years in New Jersey state prison, with a presumption of incarceration, and a fine of up to $150,000.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession (Standard) | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Permanent felony record, loss of voting rights, prohibition on future firearm ownership. |
| Felon in Possession (Certain Prior Convictions) | First-Degree Crime | 10-20 years | Up to $200,000 | Graves Act mandatory minimum parole ineligibility applies. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to every case. We understand that a felon in possession charge threatens your freedom and future. Our approach is direct and focused on the details of your specific situation—the evidence, the procedure, and your background. We have a documented record of achieving favorable outcomes for our clients across multiple jurisdictions.
Our Experience with Criminal Cases
Our firm has handled 4,739+ documented case results with a 93%+ rate of favorable outcomes firm-wide. While every case is unique, this extensive experience informs our defense strategies for clients facing serious charges like felon in possession. We actively represent clients in Morris County and understand the local court procedures at the Superior Court in Morristown.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Morris County Felon in Possession Defense Lawyer
Our New Jersey location serves clients throughout Morris County, including Morristown, Parsippany, Dover, and Randolph. We are accessible via I-80 and I-287. If you need a felon in possession lawyer near the Morris County Courthouse, we can help.
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
Does New Jersey have cash bail for a felon in possession charge?
No. New Jersey abolished cash bail in 2017. Your pretrial release for a prohibited person gun charge in Morris County will be decided by a judge based on a Public Safety Assessment risk score, not your ability to pay.
What is the difference between a disorderly persons offense and an indictable crime in NJ?
An indictable crime is New Jersey’s equivalent of a felony, like felon in possession, and is heard in Superior Court. A disorderly persons offense is a misdemeanor, heard in Municipal Court, with a maximum of 6 months in jail.
Can a felon in possession charge be expunged in New Jersey?
It depends. Most indictable convictions, including felon in possession, have a waiting period of 5 years after completion of your sentence before you may petition for expungement. Eligibility is demanding and requires a legal review.
What is Pre-Trial Intervention (PTI) for a prohibited person gun charge?
PTI is a diversion program for first-time indictable offenders. Successful completion results in dismissal. However, Graves Act offenses like certain felon in possession charges often have strict PTI eligibility requirements that must be argued in court.
If the gun wasn’t on me, can I still be charged with possession?
Yes. New Jersey law recognizes “constructive possession,” meaning you had knowledge of and control over the firearm, even if it was in a shared space like a car or home. The prosecution must prove this knowledge and control.
Related Pages: For other legal concerns, see our pages on New Jersey Criminal Defense, Hunterdon County Criminal Defense Lawyer, and Morris County DUI Lawyer.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
For the background behind a Morris County charge, our page explains how New Jersey federal courts handle felon in possession.
Your case in Morris 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 Morris County that is the Superior Court of NJ, Morris Vicinage (14th Vicinage), Washington & Court Streets, Morristown, NJ 07960, telephone (973) 656-4000, 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 Morris 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: Morris 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.