Felon in Possession Lawyer Sussex County — Defending Prohibited Persons
A felon in possession charge in Sussex 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 a strong defense for individuals charged as a felon with a firearm in Sussex County.
Last verified: April 2026 | Superior Court of NJ, Sussex Vicinage | New Jersey Legislature
New Jersey Law on Felon in Possession
In New Jersey, it is illegal for certain individuals, known as “prohibited persons,” to own, possess, or control any firearm. This offense is formally codified under N.J.S.A. 2C:39-7, “Certain Persons Not to Have Weapons.” The statute is strict and applies regardless of whether the firearm is operable. A conviction is a second-degree crime, carrying severe consequences. The law aims to keep weapons out of the hands of those deemed most likely to misuse them.
The state’s definition of a prohibited person is broad. It includes anyone convicted of certain crimes, such as aggravated assault, robbery, or any crime graded higher than a disorderly persons offense. Individuals subject to a restraining order or who have been adjudicated as a “mental defective” are also barred. The prohibition is not limited to convictions in New Jersey; out-of-state and federal convictions that would be equivalent to a disqualifying crime in NJ also apply.
- Secure immediate legal representation after arrest or indictment.
- Your attorney will file motions to suppress evidence if the search/seizure was unlawful.
- Your lawyer will scrutinize the state’s evidence linking you to the firearm.
- Your counsel will verify the accuracy of your prior criminal record used to establish prohibited status.
- Your attorney will negotiate for a favorable plea or prepare for trial.
Penalties for a Felon in Possession Conviction
In Sussex County, a felon in possession conviction is a second-degree crime with a mandatory Graves Act sentence, requiring significant state prison time.
| 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 | Mandatory Graves Act parole ineligibility (42-60 months), permanent loss of firearm rights, felony record. |
| Felon in Possession of Other Weapons (e.g., sawed-off shotgun) | Third-Degree Crime | 3 to 5 years | Up to $15,000 | Graves Act may apply, felony record. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Defense Approach for Sussex County Gun Charges
Law Offices Of SRIS, P.C., founded in 1997, brings a focused and strategic defense to prohibited persons facing gun charges. Our approach begins with a meticulous examination of the arrest and investigation. We challenge the legality of the stop, search, and seizure that led to the discovery of the firearm. If your constitutional rights were violated, we file aggressive motions to suppress the evidence, which can lead to a case dismissal.
We also conduct a forensic analysis of the state’s case. This includes verifying the operability and classification of the alleged weapon, examining chain-of-custody issues, and investigating whether you actually had knowledge and control of the firearm. also, we scrutinize your prior record to ensure the state can legally prove you are a prohibited person under New Jersey law. Our goal is to create use for negotiation or to build an unassailable defense for trial.
Case Results and Client Advocacy
Our firm has a documented record of achieving favorable outcomes in challenging cases. In Sussex County, we have secured results across all practice areas. While every case is unique, our systematic approach to defense has consistently worked to protect our clients’ rights and futures.
Results may vary. Prior results do not guarantee a similar outcome.
Sussex County Felon in Possession Defense
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.
Our New Jersey location serves clients throughout Sussex County, including Newton, Sparta, Vernon, Franklin, Hamburg, Andover, Stanhope, and Hopatcong. We represent individuals at the Superior Court of NJ, Sussex Vicinage in Newton.
Felon in Possession Defense FAQs in Sussex County
What makes someone a “prohibited person” in New Jersey?
Yes, specific convictions and statuses create a prohibition. Under N.J.S.A. 2C:39-7, you are prohibited if convicted of certain crimes (e.g., aggravated assault, robbery), subject to a restraining order, or adjudicated mentally defective. This status is permanent for many offenses, making possession of any firearm illegal.
Can I fight a felon in possession charge if the gun wasn’t mine?
Yes. A key element the state must prove is that you knowingly possessed the firearm. If the gun was in a car or home you did not own or control, or if others had equal access, we can argue you lacked knowledge and control. A skilled felon with firearm defense lawyer Sussex County will attack this element of the case.
Does New Jersey’s bail reform apply to felon in possession charges?
Yes. New Jersey abolished cash bail. Your pretrial release will be determined by a Public Safety Assessment (PSA) score evaluating flight risk and danger. For serious second-degree charges like felon in possession, the court may order detention if the PSA indicates high risk. Your lawyer can argue for your release with conditions.
What is the Graves Act and how does it affect my case?
The Graves Act mandates a period of parole ineligibility for certain firearms offenses, including felon in possession. For a second-degree conviction, it requires you to serve between 42 and 60 months in prison before becoming eligible for parole. A lawyer can seek a Graves Act waiver or downgrade to avoid this mandatory minimum.
Are there any defenses to a felon in possession charge?
Several defenses exist. These include challenging an illegal search (Fourth Amendment), proving you were not in possession, arguing the item was not a firearm as defined by law, or contesting the validity of the prior conviction used to establish your prohibited status. An experienced prohibited person gun charge lawyer Sussex County will explore all avenues.
Related Legal Resources
For more information on New Jersey’s firearms laws, you can review the official New Jersey Legislature statutes. For details on Sussex County court procedures, visit the Superior Court of NJ, Sussex Vicinage website.
If you are facing related charges, you may need a DUI lawyer in Sussex County or a family law attorney in Sussex County. For a broader view of our criminal defense practice, visit our New Jersey Criminal Defense hub page.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. for current legal guidance.
The same rules apply outside Sussex County, and our page on felon in possession charges across New Jersey walks through each stage.
For the full picture beyond Sussex County, our page on felon in possession in Virginia covers the process end to end.
Your case in Sussex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Sussex County that is the Superior Court of NJ, Sussex Vicinage (10th Vicinage), 43-47 High Street, Newton, NJ 07860, telephone (973) 579-0933, 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 Sussex 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: Sussex County NJ lawyers directory · Felon in Possession Lawyer in Middlesex County, NJ · Felon in Possession Lawyer Essex County, NJ.