Felon In Possession Lawyer New Jersey — What Are Your Defense Options?
A felon in possession charge in New Jersey is a serious indictable offense under N.J. Stat. § 2C:39-7, carrying severe penalties. As a former prosecutor, Mr. Sris of Law Offices Of SRIS, P.C. understands the aggressive prosecution of these cases. Our firm has documented results defending clients in Superior Court.
New Jersey Felon in Possession Law
In New Jersey, it is illegal for any person who has been convicted of certain crimes to possess a firearm or other prohibited weapons. This law, codified under N.J. Stat. § 2C:39-7, is strictly enforced and applies regardless of whether the firearm was operable or loaded. The statute is designed to prevent individuals with a history of serious criminal conduct from having access to weapons. The charge is typically an indictable offense (felony), tried in the Superior Court. The prosecution must prove you knowingly possessed the firearm and that you have a prior conviction that qualifies under the statute.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the exact statutory language, refer to the N.J. Stat. § 2C:39-7 (official New Jersey Legislature site). For court procedures and locations, visit the New Jersey Courts website.
Defending a Felon in Possession Charge in New Jersey
Prosecutors in New Jersey Superior Court pursue felon in possession cases aggressively, often seeking maximum penalties. A strong defense requires immediate action to scrutinize the legality of the search, the chain of custody of the evidence, and the validity of the prior conviction. The specific defenses available depend heavily on the facts of your arrest and your criminal history.
- Secure immediate legal representation before making any statements.
- Your attorney will file a motion to suppress evidence if the search was unconstitutional.
- Your lawyer will challenge the prosecution’s proof of “knowing” possession and the validity of the predicate felony.
- Negotiate with the prosecutor for a reduction or alternative sentencing, such as a diversion program if eligible.
- Prepare for trial if a favorable plea agreement cannot be reached.
Potential Penalties for Felon in Possession in NJ
In New Jersey, a conviction for being a felon in possession of a firearm is typically a second-degree crime, punishable by 5 to 10 years in state prison, with a mandatory minimum period of parole ineligibility.
| Offense Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Certain Persons Not to Have Weapons (Firearm) | Second-Degree Crime | 5-10 years (with mandatory minimums) | Up to $150,000 | Extended parole ineligibility, permanent felony record, loss of voting rights while incarcerated, federal firearms ban. |
| Certain Persons Not to Have Weapons (Other weapons) | Third-Degree Crime | 3-5 years | Up to $15,000 | Permanent felony record, loss of certain professional licenses. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in New Jersey Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a combined 120+ years of legal experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation. We have a documented record of achieving favorable outcomes for clients facing serious indictable offenses in New Jersey courts. Our defense lawyers understand the nuances of both state and federal weapon charges.
Case Results and Client Advocacy
Our firm has successfully defended clients against a wide range of weapon and felony charges. While every case is unique, our approach focuses on meticulous case investigation, challenging prosecutorial evidence, and pursuing every available legal avenue to protect our clients’ rights and futures.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for New Jersey Residents
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-3900
By appointment only.
Our Tinton Falls location serves clients throughout Monmouth County and New Jersey. We are accessible to those facing charges in local Superior Courts. We provide 24/7 phone consultations at (888) 437-7747, with meetings scheduled by appointment. If you need a dedicated felon in possession lawyer New Jersey, contact us for a case evaluation.
Frequently Asked Questions (FAQs)
What does “felon in possession” mean in New Jersey?
It means a person previously convicted of a serious crime (like robbery, aggravated assault, or certain drug offenses) is charged with knowingly possessing a firearm or other prohibited weapon. This is a separate crime under N.J. Stat. § 2C:39-7, regardless of how the prior case ended.
Is felon in possession a federal or state charge?
It can be both. New Jersey has its own state law (N.J. Stat. § 2C:39-7), and the federal government has a similar law (18 U.S.C. § 922(g)). You can be charged in state court, federal court, or both for the same incident. A criminal attorney must be prepared to handle charges in either system.
What are the main defenses to this charge?
Common defenses include challenging the legality of the search that found the weapon, arguing you did not “knowingly” possess it, contesting the status of the prior conviction, or questioning the operability or classification of the item as a weapon. The right defense depends on your specific facts.
Can my prior conviction be used against me if it’s old?
Yes. New Jersey law does not have a statute of limitations for using a prior conviction to support a felon in possession charge. Even a decades-old conviction can qualify if it is for one of the enumerated predicate offenses listed in the statute.
What should I do if I’m arrested for this?
Do not speak to law enforcement without an attorney. Invoke your right to remain silent and your right to a lawyer. Contact a defense lawyer immediately. The decisions you make in the first hours after an arrest can significantly impact the direction of your criminal charges defense.
New Jersey Criminal Defense Lawyer | Federal Criminal Defense Lawyer
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.
A felon in possession case is one part of weapons & firearms work, and our page on use of a firearm in crime of violence lawyer New Jersey covers the wider process.