Felon in Possession Lawyer Ocean County — Defending Your Right to a Fair Trial
A felon in possession charge in Ocean County is a serious 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, your prior record elevates the stakes. Law Offices Of SRIS, P.C. provides a strong defense for individuals facing these charges in the Superior Court of NJ, Ocean Vicinage.
Last verified: April 2026 | Superior Court of NJ, Ocean Vicinage | New Jersey Legislature
In New Jersey, the law strictly prohibits certain individuals from owning, purchasing, or possessing firearms. If you have a prior conviction for an indictable crime (felony equivalent) or a serious disorderly persons offense, you are likely classified as a “prohibited person.” Being a felon with a firearm in Ocean County triggers a separate, severe charge under N.J.S.A. 2C:39-7, which is prosecuted in the Superior Court in Toms River, not Municipal Court. The prosecution must prove you knowingly possessed the firearm and that you fall under a category of persons disqualified by law.
Understanding the Charge and Potential Defenses
The statute, N.J.S.A. 2C:39-7, makes it a crime of the second degree for any person who has been convicted of certain crimes to possess any firearm. This includes convictions for crimes such as aggravated assault, robbery, burglary, and many drug distribution offenses. The penalties are severe: 5 to 10 years in state prison, with a presumption of incarceration. This means the court starts from the position that prison time is required.
Effective defense strategies for a felon with firearm charge often focus on the following areas:
- Suppression of Evidence: File a motion to suppress the firearm if it was discovered through an unlawful search or seizure, violating your Fourth Amendment rights.
- Challenging “Possession”: Argue that you did not have actual or constructive possession of the firearm, or that you were unaware of its presence.
- Status Verification: Scrutinize whether your prior conviction legally qualifies you as a prohibited person under the specific terms of the statute.
- Plea Negotiations: Negotiate with the prosecutor for a reduction to a lesser charge, such as a fourth-degree offense, or argue for a non-custodial sentence based on mitigating factors.
- Trial Preparation: If the state’s evidence is weak or rights were violated, prepare to take the case to trial before an Ocean County jury.
Penalties for a Felon in Possession Charge in Ocean County
In Ocean County, a conviction for being a felon in possession of a firearm is a second-degree crime carrying a mandatory presumption of imprisonment for 5 to 10 years in New Jersey State Prison, along with significant fines and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Felon in Possession of a Firearm | Second-Degree Crime | 5-10 years (Presumption of Imprisonment) | Up to $150,000 | Permanent criminal record; loss of firearm rights | Parole ineligibility, extended probation, forfeiture of firearm |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Ocean County Firearms 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 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand that a prohibited person gun charge threatens your freedom and future. Our approach is direct: we analyze the arrest details, identify weaknesses in the prosecution’s case, and build a defense focused on protecting your rights. We serve clients throughout Ocean County, including Toms River, Lakewood, and Brick Township.
Case Results and Client Advocacy
While specific case results are confidential, our firm’s extensive experience in New Jersey courts informs our defense strategy for prohibited person charges. We have successfully defended clients against serious weapons offenses by challenging illegal vehicle searches, questionable warrant executions, and flawed police procedures. Our goal is to seek dismissals, charge reductions, or alternative resolutions to avoid the severe mandatory penalties associated with a second-degree conviction.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Ocean County Felon in Possession Defense Lawyers
Our New Jersey location serves clients throughout Ocean County. We are accessible from Toms River, Lakewood, and Brick Township via the Garden State Parkway and Routes 37 and 9.
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.
We represent clients in communities across Ocean County including Toms River, Lakewood, Brick Township, Jackson Township, Lacey, Stafford, Little Egg Harbor, Barnegat, Berkeley Township, Manchester, Seaside Heights, and Point Pleasant.
Felon in Possession Defense FAQs for Ocean County, NJ
What does “prohibited person” mean in New Jersey gun law?
It depends. New Jersey law prohibits several categories of people from possessing firearms, primarily those convicted of indictable crimes (felonies). Other prohibitions include individuals convicted of certain domestic violence offenses, those subject to a restraining order, or those with a history of certain mental health adjudications. A skilled prohibited person gun charge lawyer Ocean County can review your record to see if the classification applies.
Can I get PTI for a felon in possession charge in Ocean County?
No. Pre-Trial Intervention (PTI) is generally not available for second-degree crimes like felon in possession under N.J.S.A. 2C:39-7. The charge carries a presumption of imprisonment, making standard diversion unlikely. However, an experienced felon in possession lawyer Ocean County may negotiate a plea to a downgraded charge that could potentially open pathways to diversion or a non-custodial sentence.
What is the main defense to a felon with a firearm charge?
The most common defense is challenging how the police found the gun. If the firearm was discovered through an illegal search of your home, car, or person, a motion to suppress can get the evidence thrown out. Other defenses include proving you did not knowingly possess the gun or that your prior conviction does not legally disqualify you.
Is there cash bail for a felon in possession charge in NJ?
No. New Jersey abolished cash bail in 2017. Your release pending trial in Ocean County Superior Court will be decided by a judge based on a Public Safety Assessment (PSA) score that evaluates your risk of flight and danger to the community. A strong defense attorney can argue for your release with conditions.
Where will my felon in possession case be heard in Ocean County?
All indictable offenses, including second-degree crimes like felon in possession, are heard in the Superior Court of New Jersey, Ocean Vicinage, located at 120 Hooper Avenue in Toms River. The case will begin with a first appearance and detention hearing, then proceed through pre-indictment status conferences, grand jury presentation, and potentially a trial.
Related Legal Resources
If you are facing related charges, our firm also provides strong defense for DUI/DWI offenses in Ocean County and family law matters. For a broader view of our criminal defense practice, visit our New Jersey criminal defense hub page. We also represent clients in neighboring areas like Monmouth County.
Information verified as of April 2026. Laws change; contact Law Offices Of SRIS, P.C. for current guidance.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.