Felon in Possession Lawyer New Jersey, NJ
A conviction for a felony offense in New Jersey carries consequences that extend beyond the sentence imposed by a court. If you have a prior felony record, even the mere possession of a firearm—regardless of where or how it was obtained—can lead to a new, serious criminal charge. Law Offices Of SRIS, P.C. defends individuals throughout New Jersey against felon in possession charges, working to protect their rights, their freedom, and their records. Mr. Sris, a former prosecutor, leads the firm’s criminal defense practice alongside the firm’s Of Counsel attorneys, who bring additional experience to each matter. If you are under investigation or have been arrested for unlawful possession of a weapon, act promptly. Reach the firm’s New Jersey location at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Felon in Possession Means in New Jersey
New Jersey law prohibits certain individuals from purchasing, owning, possessing, or controlling firearms. The group of people subject to this restriction is defined by statute and includes anyone who has been convicted of a crime that qualifies as a predicate offense. The most common category is individuals with a prior felony conviction, but the prohibition also applies to persons convicted of certain domestic violence offenses, those subject to a domestic violence restraining order, and individuals found to be mentally incompetent or involuntarily committed.
Under the New Jersey Code of Criminal Justice, the offense commonly known as “felon in possession” is prosecuted as a second-degree crime when the predicate conviction is for a violent offense or when the firearm is possessed under certain aggravating circumstances. A second-degree crime carries a presumption of imprisonment and a potential sentence of five to ten years in the New Jersey Department of Corrections. Even in the absence of such enhancements, the unlawful possession of a firearm by a prohibited person remains a serious indictable offense heard in the Superior Court of New Jersey, Law Division – Criminal Part.
The consequences of a conviction are not limited to incarceration. A felon in possession conviction can permanently affect employment opportunities, professional licensing, and housing eligibility. Additionally, a conviction may violate the terms of parole or probation, exposing the individual to additional sanctions. Given these stakes, having counsel who understands both the procedural posture of the case and the potential for negotiation is a high priority.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Felon in Possession Cases
Every felon in possession case begins with a careful examination of the circumstances of the arrest and the validity of the predicate conviction. Mr. Sris and the firm’s Of Counsel attorneys review the search and seizure procedures, the chain of custody, and any potential violations of the defendant’s constitutional rights. A central element of the defense frequently involves the question of whether the firearm was actually “possessed” under the legal definition—whether it was within the defendant’s knowing dominion and control. An experienced defense attorney examines evidence such as fingerprints, DNA, the location of the firearm, and witness statements to determine whether the state can meet its burden of proof.
In many cases, Mr. Sris and the firm’s Of Counsel attorneys explore the viability of pre-trial intervention (PTI) or other diversionary programs. While eligibility for PTI is governed by the prosecutor and the court, a carefully prepared application can demonstrate that the defendant is a suitable candidate for supervision rather than incarceration. Where the state’s case is strong, the focus shifts toward negotiated outcomes—such as plea agreements that reduce the charge to a lesser offense with lower sentencing exposure—while always keeping the client fully informed of the risks and options at each stage.
At trial, the firm’s advocacy centers on the state’s obligation to prove each element of the offense beyond a reasonable doubt. Mr. Sris, as a former prosecutor, is familiar with the tactics and pressures that law enforcement and prosecutors bring to bear, and the firm’s Of Counsel attorneys bring extensive experience to presenting an organized defense. The goal in every case is to achieve the most favorable outcome possible under the specific facts and applicable law.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal law since 1997. A former prosecutor, he is admitted in New Jersey, Virginia, Maryland, the District of Columbia, and New York. His experience includes representation of clients facing a wide range of criminal charges in New Jersey’s Superior Courts, Municipal Courts, and appellate divisions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his commitment to public policy in the justice system.
The firm’s Of Counsel attorneys—independent counsel who contract directly with Law Offices Of SRIS, P.C.—collectively bring experience in criminal defense, pre-trial motion practice, and courtroom advocacy. Together, Mr. Sris and the firm’s Of Counsel attorneys work on cases throughout New Jersey, appearing at the Superior Court of NJ in vicinages including Hunterdon, Somerset, Morris, Bergen, Monmouth, and others. The firm’s New Jersey location, by appointment only, is at 44 Apple St, 1st Floor, Tinton Falls, NJ 07724. Phones are answered at (888) 437-7747.
Frequently Asked Questions
What is the legal definition of felon in possession in New Jersey?
Under New Jersey law, the offense of felon in possession occurs when a person who has been convicted of a qualifying felony offense knowingly possesses, controls, or purchases a firearm. The statute also applies to individuals with certain domestic violence convictions, those subject to restraining orders, or those with severe mental health adjudications. The crime is an indictable offense prosecuted in the Superior Court, and the classification—second degree or third degree—depends on the nature of the predicate conviction and the circumstances of the possession. The state must prove that the person knew they possessed the weapon and that the item met the legal definition of a firearm.
What are the potential penalties for felon in possession in New Jersey?
If prosecuted as a second-degree crime, a felon in possession conviction carries a prison sentence of five to ten years with a presumption of imprisonment. Certain prior convictions can elevate the charge to a first-degree crime, exposing the individual to a sentence of ten to twenty years. Fines, restitution, and mandatory periods of parole ineligibility may also apply. A conviction has collateral consequences that include loss of firearm rights, potential immigration effects for non-citizens, and damage to one’s criminal record. Every case is unique, and the actual penalty imposed will depend on the facts and the defendant’s criminal history.
Can a felon in possession charge be dropped or reduced?
Yes, depending on the facts, a felon in possession charge may be dismissed, reduced, or resolved through a diversionary program. Dismissals are possible if the search or seizure was unlawful, the evidence is insufficient, or the predicate conviction does not meet the statutory definition. In other cases, the charge may be negotiated to a less severe offense or to a sentence that avoids incarceration. Pre-trial intervention (PTI) may be an option for some defendants. The trusted strategy depends on a thorough review of the police reports, the prior conviction, and the procedural history.
Do I need a lawyer if I am charged with felon in possession in New Jersey?
Yes, because the consequences of a felony conviction—including imprisonment and a permanent criminal record—are too serious to navigate without experienced counsel. An attorney can evaluate whether law enforcement violated your constitutional rights, challenge the state’s evidence, and pursue all available defenses. Additionally, the Superior Court’s procedural rules and the prosecutor’s charging decisions are complex. A defense lawyer can communicate with the court on your behalf, negotiate with the prosecutor, and ensure that your side of the story is presented effectively.
How do I find a lawyer for felon in possession in New Jersey?
Look for a criminal defense attorney who is admitted to practice in New Jersey and who has experience with weapons-related offenses in the Superior Court. You should ask about the attorney’s familiarity with the local vicinage, their track record in handling indictable offenses, and whether they are available to appear promptly at a detention hearing. Law Offices Of SRIS, P.C. represents clients throughout the state from its New Jersey location. To discuss your situation, reach the firm at (888) 437-7747.
What should I do if I am arrested for felon in possession?
If you are arrested, remain silent and ask to speak with an attorney without delay. Do not discuss the circumstances of the arrest or the firearm with law enforcement or anyone else. Anything you say can be used against you in court. Contact a criminal defense attorney who can advise you on how to handle the booking process, the initial appearance, and the potential detention hearing. The Public Safety Assessment (PSA) conducted after arrest will influence pretrial release conditions, and an attorney can help present information to the court to support release on your own recognizance or with reasonable conditions.
Related Criminal Defense Practice in New Jersey:
Hunterdon County Criminal Defense Lawyer |
Somerset County Criminal Defense Lawyer |
Morris County Criminal Defense Lawyer |
Bergen County Criminal Defense Lawyer |
Monmouth County Criminal Defense Lawyer
To review the statutes and court rules that govern felon in possession cases, visit the official New Jersey Legislature website at New Jersey Legislature and the New Jersey Courts site at New Jersey Courts.
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