
Felon in Possession Lawyer New Jersey, NJ
Law Offices Of SRIS, P.C. represents clients facing felon in possession of a weapon charges throughout New Jersey. Mr. Sris, a former prosecutor who founded the firm in 1997, leads our criminal defense practice. He and his Of Counsel team bring extensive experience to cases where a prior conviction triggers a weapons prohibition—and a new charge can carry severe consequences. Our New Jersey location serves defendants from Bergen to Cape May, including Hunterdon, Somerset, Morris, Monmouth, and all 21 counties. If you are under investigation or have been charged with unlawful possession of a firearm by a convicted person, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Felon in Possession Means in New Jersey
New Jersey law prohibits certain individuals from possessing firearms, ammunition, or other weapons. The primary statute applies to persons previously convicted of specific crimes, including any indictable offense, certain disorderly persons offenses involving domestic violence, and those subject to a final domestic violence restraining order. A violation is a second-degree crime, one of the most serious categories in the New Jersey Code of Criminal Justice.
A conviction for felon in possession is a second-degree crime, carrying a term of imprisonment of five to ten years, and New Jersey law creates a presumption of incarceration for second-degree offenses.
Source: ; (a)(2). New Jersey Legislature
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
The prosecution must prove that you knowingly possessed a weapon and that you are a person prohibited from doing so. The state often relies on the prior conviction record itself, making the existence of the predicate conviction a central issue. New Jersey’s Criminal Justice Reform Act, which abolished cash bail in 2017, means pretrial release depends on a Public Safety Assessment risk score rather than money—no bail bondsmen operate in the state. Our attorneys examine every element of the charge, including whether the underlying conviction qualifies as a predicate offense under the statute, whether the weapon meets the legal definition, and whether law enforcement obtained evidence lawfully.
Felon in possession cases are tried in the Superior Court of New Jersey, Law Division — Criminal Part, in the county where the arrest occurred. Each vicinage—such as Hunterdon County (13th Vicinage, 65 Park Avenue, Flemington), Somerset County (13th Vicinage, 20 North Bridge Street, Somerville), or Morris County (14th Vicinage, Washington & Court Streets, Morristown)—has its own local practice and prosecutorial approach. Mr. Sris and his Of Counsel team are familiar with the procedures and personnel in courts across the state.
How Mr. Sris and His Of Counsel Handle Felon in Possession Cases
When a client comes to us with a felon in possession charge, we begin by conducting a thorough review of the arrest and the evidence. This includes examining the validity of the search or seizure that led to the discovery of the weapon. If law enforcement violated constitutional protections, we file a motion to suppress, which can result in the exclusion of the firearm and the dismissal of the charge. We also scrutinize the predicate conviction to confirm it indeed falls within the prohibited categories enumerated in the statute; not every prior offense triggers the ban. Where the statute is ambiguous, we research the case law and present arguments to narrow the scope of the prohibition.
In many cases, we work toward a resolution that avoids a trial and minimizes long-term consequences. Mr. Sris, drawing on his background as a former prosecutor, negotiates with the State from a position of insight. If a plea is in the client’s interest, we seek to amend the charge—for example, to a disorderly persons offense that does not carry the same stigma or future firearms disability. For clients who are eligible, we explore diversionary programs such as Pre-Trial Intervention (PTI), which, upon successful completion of one to three years of supervision, results in a complete dismissal of the charges. Every step, we explain the options and the likely outcomes so the client can make informed decisions. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is admitted to practice in five jurisdictions: Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes service as a former prosecutor, giving him a firsthand understanding of how the government builds and prosecutes criminal cases. Mr. Sris concentrates his practice on criminal defense and personally leads the defense strategy in serious felony matters, including felon in possession charges. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
The firm’s Of Counsel attorneys, all experienced criminal law practitioners, collaborate with Mr. Sris on case preparation, research, and courtroom advocacy. Together, they bring a multi-state perspective and a commitment to protecting clients’ rights. At our New Jersey location, we serve defendants in every county, providing representation shaped by direct knowledge of local courts and prosecutors. To discuss your case with Mr. Sris or his Of Counsel team, call (888) 437-7747.
Frequently Asked Questions
Who is prohibited from possessing a firearm in New Jersey?
New Jersey law prohibits several categories of people from possessing firearms. The most common include those convicted of any indictable crime (felony equivalent), those convicted of certain disorderly persons offenses involving domestic violence, and those subject to a final domestic violence restraining order. The precise list appears in the statute. If you are uncertain whether your prior record triggers the prohibition, it is important to seek legal counsel before handling a weapon.
What is the penalty for felon in possession of a weapon in New Jersey?
A conviction under the statute is a second-degree crime. Second-degree crimes carry a sentence of five to ten years in state prison, and New Jersey law presumes incarceration for such offenses. The court may also impose fines and a period of parole supervision. A conviction results in a permanent criminal record. Because the stakes are high, anyone charged with this offense should contact an experienced criminal defense attorney immediately.
What defenses are available in felon in possession cases?
Several defenses may apply. The most common include a constitutional challenge to the search and seizure that uncovered the weapon, a claim that the defendant did not know the weapon was present (lack of knowing possession), or an argument that the prior conviction does not meet the statutory definition of a disqualifying offense. In some cases, the weapon may not legally qualify as a firearm under the statute. An experienced attorney will thoroughly investigate the facts to identify the strong $1 for the particular circumstances.
Can I get into Pre-Trial Intervention (PTI) for a felon in possession charge?
PTI is a diversionary program available to some first-time offenders charged with indictable crimes in New Jersey. The decision to admit a defendant into PTI rests with the prosecutor and the court. While a second-degree crime like felon in possession is not automatically excluded, the prosecutor may object based on the seriousness of the offense. If admitted and successfully completing the one- to three-year supervision period, the charge is dismissed entirely. An attorney can evaluate your eligibility and advocate for PTI admission.
What should I do if I am under investigation for possessing a weapon as a convicted person?
If you learn you are under investigation or if police contact you about a possible weapons charge, do not speak to law enforcement without an attorney present. Anything you say can be used against you. Contact a criminal defense lawyer immediately. Preserve any evidence that may be helpful. Early intervention by an attorney can sometimes prevent charges from being filed or shape the direction of the investigation.
How do I find a felon in possession lawyer in New Jersey?
You can reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Our New Jersey location serves clients across all 21 counties. Mr. Sris, a former prosecutor, and his Of Counsel team have extensive experience handling serious weapons charges in the state. We will listen to the details of your situation and explain your legal options.
If you are looking for a criminal defense lawyer in a specific county, our firm has resources covering several areas:
Hunterdon County Criminal Defense Lawyer,
Somerset County Criminal Defense Lawyer,
Morris County Criminal Defense Lawyer,
Bergen County Criminal Defense Lawyer.
Attorney advertising. Prior results do not guarantee a similar outcome. Attorney responsible for this advertising: Mr. Sris. Results may vary.
Case results depend on a variety of factors unique to each case.