New Jersey Felon In Possession Lawyer — What Are Your Defense Options?
Being charged as a felon in possession of a firearm in New Jersey is a serious state or federal offense with severe penalties. A New Jersey felon in possession lawyer from Law Offices Of SRIS, P.C. understands the complex interplay between state law and federal statutes like 18 U.S.C. § 922(g).
Understanding Felon in Possession Charges in New Jersey
In New Jersey, a person previously convicted of a crime classified as an “indictable offense” (New Jersey’s term for a felony) is generally prohibited from possessing firearms. This prohibition is codified under N.J. Stat. § 2C:39-7, which makes it a second-degree crime for certain persons to possess weapons. Federally, the charge is governed by 18 U.S.C. § 922(g)(1), which prohibits possession by anyone convicted of a crime punishable by imprisonment for a term exceeding one year. A conviction under either statute carries mandatory prison time.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official text of the New Jersey statute, refer to N.J. Stat. § 2C:39-7 (official New Jersey Legislature site). For federal law, see 18 U.S.C. § 922 (U.S. Code via Cornell Law). The New Jersey Courts website provides information on court procedures.
Local Defense Strategy for Felon in Possession Cases
Successfully defending against a felon in possession charge requires attacking each element the prosecution must prove. In New Jersey courts and federal districts like the District of New Jersey, prosecutors must establish you were a convicted felon, you knowingly possessed a firearm, and the firearm traveled in or affected interstate commerce (for federal charges). A skilled criminal attorney will scrutinize the legality of the search that discovered the weapon, the chain of custody of the evidence, and whether you had actual or constructive possession.
- Case Assessment: Immediately after arrest, your defense lawyer will review the charging documents, police reports, and evidence to identify weaknesses in the prosecution’s case.
- Motion to Suppress: If the firearm was discovered through an illegal search or seizure, your attorney can file a motion to suppress the evidence, which can lead to the charges being dismissed.
- Negotiation & Litigation: Your lawyer will engage with prosecutors, seeking a reduction or dismissal of charges. If a favorable plea cannot be reached, they will prepare a vigorous defense for trial.
- Trial Defense: At trial, your defense lawyer will challenge the prosecution’s evidence, cross-examine witnesses, and present arguments to the jury regarding reasonable doubt.
Potential Penalties for Felon in Possession in NJ
In New Jersey, being a felon in possession is typically a second-degree crime, punishable by 5 to 10 years in state prison, with a mandatory minimum period of parole ineligibility.
| Charge Level | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| State Charge (N.J. Stat. § 2C:39-7) | Second-Degree Crime | 5-10 years (with mandatory minimum) | Up to $150,000 | Extended parole ineligibility, permanent criminal record, loss of firearm rights. |
| Federal Charge (18 U.S.C. § 922(g)) | Federal Felony | Up to 10 years (often with guidelines sentencing) | Up to $250,000 | Federal supervised release, loss of federal benefits, difficulty finding employment. |
Results may vary. Prior results do not aim for 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 firm-wide track record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We provide “Advocacy Without Borders,” offering a defense that is both strategic and relentless. Mr. Sris, with his background in accounting and information systems, is particularly adept at handling cases with complex evidentiary or financial components.
Case Results & Client Advocacy
Our firm has a documented history of achieving positive results in complex criminal cases. While every case is unique, our approach focuses on meticulous investigation, aggressive motion practice, and skilled negotiation. We have successfully argued for the suppression of illegally obtained evidence, negotiated reductions in charges, and secured acquittals at trial for clients facing serious weapons offenses.
Results may vary. Prior results do not aim for a similar outcome.
Local New Jersey Defense Services
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) 758-8680
By appointment only.
Our Tinton Falls location serves clients across Monmouth County and New Jersey. We are accessible to those needing a criminal attorney near the Monmouth County Superior Court in Freehold. We serve communities including Tinton Falls, Red Bank, Long Branch, Asbury Park, and Middletown. We offer 24/7 phone consultations at (888) 437-7747—meetings are by appointment only.
Frequently Asked Questions
What does “felon in possession” mean in New Jersey?
Yes. It is a crime for a person previously convicted of an indictable offense (felony) in New Jersey or elsewhere to possess any firearm. This includes handguns, rifles, shotguns, and other destructive devices, as defined under state law.
Can I be charged in both state and federal court for the same gun?
It depends. While double jeopardy generally prohibits being tried twice for the same crime, state and federal governments are considered separate sovereigns. Therefore, you can potentially face charges from both the State of New Jersey and the federal government for a single act of possession, though this is not common in every case.
What are common defenses to a felon in possession charge?
Common defenses include challenging the legality of the search (Fourth Amendment violation), arguing you did not knowingly possess the firearm, proving the firearm was not functional, or contesting the validity of the prior conviction that forms the basis of the prohibition. A defense lawyer will identify the best strategy for your specific facts.
Is there a mandatory minimum sentence?
Yes. Under N.J. Stat. § 2C:39-7, there is a mandatory minimum period of parole ineligibility, which is typically between one-third and one-half of the base sentence, or five years for certain prior convictions. This means you must serve that time before becoming eligible for parole.
What should I do if I’m arrested for this charge?
First, exercise your right to remain silent and request an attorney immediately. Do not discuss the case with anyone but your lawyer. Contact a criminal court lawyer experienced in weapons offenses as soon as possible to begin building your defense against the criminal charges defense.
Internal Links: For more on related charges, see our page on New Jersey Federal Criminal Defense. Learn about our firm’s approach on our Criminal Defense hub page. For defense in a neighboring area, consider our New York Felon In Possession Lawyer services.
Last verified: April 2026. Information is current as of this date. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for up-to-date guidance.