Felon in Possession Lawyer Burlington County

Statutory Definition of a Felon in Possession Charge

New Jersey statute N.J.S.A. 2C:39-7(b)(1) defines this offense as a second-degree crime with a maximum penalty of ten years in prison. This law prohibits any person convicted of a crime from possessing a firearm. The statute is strict and applies regardless of the firearm’s operability. Mere possession is enough for a charge. This includes constructive possession, meaning control over the weapon. A Felon in Possession Lawyer Burlington County must challenge the state’s proof of possession and prior conviction.

What constitutes “possession” under New Jersey law?

Possession can be actual or constructive under New Jersey law. Actual possession means the firearm is on your person. Constructive possession means you have knowledge of and control over the weapon. Control does not require physical touching. The firearm could be in a car you are driving. It could be in a home you occupy. The prosecution must prove you knew the gun was present. They must also prove you intended to exercise control over it. A skilled attorney attacks the proof of knowledge and intent.

Does a prior out-of-state conviction count?

Yes, a prior out-of-state conviction can trigger this charge in New Jersey. New Jersey courts will look to the elements of the foreign conviction. They compare it to a New Jersey crime that would trigger firearm disability. If the elements are substantially similar, your rights are affected. This applies even if the conviction is decades old. The Graves Act mandates severe penalties for these offenses. You need a lawyer who understands these interstate challenges.

What is the Graves Act and how does it apply?

The Graves Act mandates mandatory prison time for certain firearm offenses. A felon in possession charge under N.J.S.A. 2C:39-7 is a Graves Act offense. This means parole ineligibility is required. For a second-degree crime, the period of parole ineligibility is between one-third and one-half of the sentence imposed. A judge has limited discretion to downgrade the degree of the crime. A prosecutor can also file a motion for a waiver. An experienced attorney negotiates for the best possible outcome under this harsh law. Learn more about Virginia legal services.

The Insider Procedural Edge in Burlington County

Your case will be heard at the Burlington County Superior Court, located at 49 Rancocas Rd, Mount Holly, NJ 08060. This court handles all indictable crimes, including second-degree offenses. The Burlington County prosecutor’s Location files the charges. Your first appearance is an arraignment where you enter a plea. The court will review your bail status at this hearing. Procedural specifics for Burlington County are reviewed during a Consultation by appointment at our Burlington County Location.

The Burlington County Superior Court follows New Jersey’s Criminal Justice Reform guidelines. Your pretrial detention hearing is critical. The state will argue for your detention if you pose a risk. Your attorney argues for your release with conditions. The court considers the nature of the charge and your history. Filing fees and court costs apply if you are convicted. The timeline from arrest to indictment can be several months. Discovery is exchanged during this period. Your attorney files motions to suppress evidence or dismiss charges. A local lawyer knows the judges and prosecutors in this courthouse.

What is the typical timeline for a felony gun case?

A felony gun case can take over a year to resolve in Burlington County. The state must present the case to a grand jury for indictment. This usually happens within 90 days of your arrest. After indictment, there are multiple pretrial conferences. Your attorney negotiates with the prosecutor during these conferences. If no plea is reached, the case proceeds to trial. Trial dates are set by the court’s busy calendar. Motions to suppress evidence can cause delays. An experienced lawyer manages this timeline to your advantage.

What happens at the first court appearance?

At your first appearance, the judge advises you of the charges and your rights. The court will also address your detention or release. This is a detention hearing under New Jersey’s bail reform. The prosecutor argues why you should be held. Your attorney presents reasons for your release. The judge may set conditions like reporting or travel restrictions. You will also be asked to enter a plea of not guilty. It is vital to have legal representation at this initial stage. Learn more about criminal defense representation.

Penalties & Defense Strategies

The most common penalty range is five to ten years in New Jersey State Prison. The Graves Act imposes mandatory minimum parole ineligibility. For a second-degree crime, this is 42 to 60 months before parole eligibility. Fines can reach $150,000. The court also imposes mandatory fines and fees. A conviction results in a permanent criminal record. You will lose your right to possess firearms forever. You may face difficulties with employment and housing.

Offense	Penalty	Notes
Felon in Possession (2nd Degree)	5-10 years prison	Graves Act applies; mandatory parole ineligibility of 1/3 to 1/2 sentence.
Fines	Up to $150,000	Plus mandatory court costs, fees, and Violent Crimes Compensation Board assessment.
Probation	Possible upon release	Supervised release for up to 5 years with strict conditions.
Collateral Consequences	Permanent firearm ban, loss of voting rights (while incarcerated), employment barriers.	These consequences persist long after any sentence is completed.

[Insider Insight] Burlington County prosecutors take gun charges very seriously. They often seek the maximum penalties under the Graves Act. However, they may consider motions for a waiver in certain cases. Factors include the nature of the prior conviction and the circumstances of the new arrest. An attorney with local experience knows how to present these arguments effectively.

Can this charge be reduced or dismissed?

Yes, this charge can be reduced or dismissed with strong defense work. Dismissal may occur if the search was illegal. It can also happen if the state cannot prove possession. A reduction may be negotiated to a lesser offense. This could avoid the Graves Act’s mandatory minimum. The prosecutor has discretion to offer a plea to a third-degree crime. Your attorney’s skill in motion practice and negotiation is critical.

What are common defenses to this charge?

Common defenses challenge the legality of the search or seizure. The Fourth Amendment protects against unreasonable searches. If the police lacked a warrant or probable cause, evidence is suppressed. Another defense attacks the proof of possession. You may not have known the firearm was present. The firearm may not belong to you. The state must also prove your prior conviction is valid. Your lawyer examines every step of the state’s case. Learn more about DUI defense services.

How does a conviction affect my driver’s license?

A conviction for a felon in possession charge does not directly affect your driver’s license in New Jersey. This is not a traffic offense. However, if you are sentenced to prison, you cannot drive. A separate motor vehicle violation could lead to suspension. The main consequences are incarceration, fines, and a permanent criminal record. Your firearm rights are permanently revoked.

Why Hire SRIS, P.C. for Your Burlington County Case

Our lead attorney for firearm offenses is a former law enforcement officer with deep knowledge of police procedures. This background is invaluable for challenging searches and arrests. SRIS, P.C. has a dedicated team for serious gun charges. We understand the technical aspects of firearm laws and the Graves Act. Our approach is aggressive and focused on your defense.

SRIS, P.C. has achieved positive results for clients facing serious charges. We prepare every case as if it is going to trial. This preparation gives us use in negotiations. We investigate the arrest circumstances thoroughly. We review all police reports and forensic evidence. Our Burlington County Location provides local representation. You need a Felon in Possession Lawyer Burlington County who fights from day one. Contact us for a Consultation by appointment. Learn more about our experienced legal team.

Localized FAQs for Burlington County Gun Charges

What should I do if I am arrested for a gun charge in Burlington County?

How long does the state have to indict me on a felony gun charge?

Can I get bail on a second-degree Graves Act offense?

What is the difference between state and federal gun charges?

Will I go to prison if convicted?

Proximity, CTA & Disclaimer

Past results do not predict future outcomes.