Felon in Possession Lawyer Ocean County — What Are Your Defense Options?
Being a felon in possession of a firearm in Ocean County is a second-degree crime under N.J.S.A. 2C:39-7(b)(1), punishable by 5 to 10 years in state prison with a presumption of imprisonment. As a prohibited person, you face severe penalties in the Ocean County Superior Court. Law Offices Of SRIS, P.C.
New Jersey Law on Felons Possessing Firearms
New Jersey strictly prohibits certain individuals, known as “prohibited persons,” from owning, possessing, or controlling any firearm. This offense is governed by N.J.S.A. 2C:39-7, commonly called the “Certain Persons Not to Have Weapons” statute. The law is severe and carries mandatory prison time for convicted individuals.
Last verified: April 2026 | Superior Court of NJ, Ocean Vicinage | New Jersey Legislature
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides a unique advantage in cases involving evidence.
Official Legal Resources
For the exact statutory language, refer to the official N.J.S.A. 2C:39-7 (official New Jersey Legislature site). All felon in possession cases in Ocean County are heard in the Superior Court of New Jersey, Ocean Vicinage located at 120 Hooper Avenue, Toms River.
Defending a Felon in Possession Charge in Ocean County
An effective defense requires immediate action and a deep understanding of local court procedures. Ocean County prosecutors aggressively pursue these charges. A key local procedural fact is that New Jersey’s bail reform means pretrial release is based on a Public Safety Assessment risk score, not cash bail. For a felon in possession charge, securing experienced counsel quickly is critical to argue for pretrial release and begin building a defense.
- Secure Immediate Legal Representation: Contact a defense attorney before speaking to investigators. Your attorney will protect your rights from the outset.
- Case Assessment & Investigation: Your lawyer will review all evidence, including the legality of any search or seizure that led to the firearm’s discovery.
- Pretrial Motions: File motions to suppress evidence if constitutional rights were violated or to challenge the prosecution’s case.
- Negotiation & Strategy: Explore all options, which may include negotiating a plea to a lesser charge or advocating for admission into a diversionary program like PTI if eligible.
- Trial Preparation: If a fair plea cannot be reached, your attorney will prepare a vigorous defense for trial, challenging the state’s ability to prove every element of the crime.
Potential Penalties for a Felon in Possession in NJ
In Ocean County, being a felon in possession of a firearm is a second-degree crime carrying 5 to 10 years in New Jersey State Prison, with a presumption of imprisonment and significant fines.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Felon in Possession of a Firearm | Second-Degree Crime | 5 to 10 years (Presumption of Imprisonment) | Up to $150,000 | Graves Act mandatory minimum, permanent felony record, loss of voting rights, prohibition on future firearm ownership. |
| Felon in Possession of Other Weapons (e.g., knife) | Third-Degree Crime | 3 to 5 years | Up to $15,000 | Same long-term collateral consequences as a felony conviction. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Founded in 1997, our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive, boundary-pushing defense for every client. Mr. Sris, the managing attorney and a former prosecutor, provides strategic oversight on serious criminal defense matters, bringing a founder’s level of dedication to case strategy.
Case Results & Client Advocacy
While specific locality results are not published, our firm-wide commitment is demonstrated through 4,739+ documented case results across Virginia, Maryland, New Jersey, New York, and Washington D.C., with over 93% favorable outcomes. We actively represent clients in Ocean County Superior Court. Our approach is collaborative; for instance, on federal or multi-jurisdictional matters, Mr. Sris may work alongside seasoned Of Counsel like former Maryland prosecutor Kristen Fisher, who brings firsthand insight into prosecution strategies.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Ocean County Felon in Possession Defense Lawyers
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
Availability: 24/7 phone consultations. Meetings by appointment only.
Our New Jersey location serves clients throughout Ocean County, including Toms River, Lakewood, Brick Township, Jackson Township, Lacey, Stafford, Little Egg Harbor, Barnegat, Berkeley Township, Manchester, Seaside Heights, and Point Pleasant. We are accessible via the Garden State Parkway and Routes 37, 9, 70, and 72.
Felon in Possession Defense FAQs for Ocean County, NJ
What does “prohibited person” mean under NJ gun laws?
Yes. A “prohibited person” includes anyone convicted of an indictable crime (felony), a domestic violence offense, or subject to a restraining order. It also covers individuals with certain mental health adjudications or drug dependencies. This status legally bans them from possessing any firearm in New Jersey.
Is there a mandatory prison sentence for a felon in possession charge?
Yes, under New Jersey’s Graves Act, a conviction for a felon in possession of a firearm carries a mandatory minimum period of parole ineligibility, typically one-third to one-half of the base sentence. For a second-degree crime, this means a mandatory 3 to 5 years must be served before parole eligibility. A skilled prohibited person gun charge lawyer Ocean County can seek a waiver or exception under limited circumstances.
Can I get PTI for a felon in possession charge?
It depends. Pre-Trial Intervention (PTI) is generally not available for Graves Act offenses like felon in possession of a firearm. However, exceptions exist, and eligibility arguments can be made, especially for non-violent prior records or other mitigating factors. An experienced felon with firearm defense lawyer Ocean County can assess your case for potential PTI entry.
What are common defenses to a felon in possession charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you were not in actual or constructive possession of the firearm, proving mistaken identity, or demonstrating that your prior conviction does not qualify under the statute. Each defense requires a detailed factual and legal analysis.
Does New Jersey have cash bail for these charges?
No. New Jersey abolished cash bail in 2017. Pretrial release for a felon in possession charge in Ocean County is determined by a judge based on a Public Safety Assessment (PSA) risk score, which considers flight risk and danger to the community. A strong defense argument at the detention hearing is important.
Related Legal Information
If you are facing other serious charges, you may need a criminal defense lawyer in Ocean County. For charges originating in other areas, our firm also provides representation; learn more about our work as a New Jersey criminal defense lawyer. We also assist clients in neighboring counties like Monmouth County.
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.
If your case reaches beyond Ocean County, our page on felon in possession charges across New Jersey sets out what to look for at each stage.
Your case in Ocean 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 Ocean County that is the Superior Court of NJ, Ocean Vicinage (9th Vicinage), 120 Hooper Avenue, Toms River, NJ 08753, telephone (732) 504-0700, 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 Ocean 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: Ocean 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.