Felon in Possession Lawyer Salem County

Statutory Definition of a Felon in Possession Charge

New Jersey statute N.J.S.A. 2C:39-7 defines the crime of certain persons not to have weapons. This is a second-degree crime with a mandatory 5 to 10-year state prison sentence and parole ineligibility. The law prohibits anyone convicted of a serious crime from possessing any firearm. This includes rifles, shotguns, and handguns. The statute also covers individuals convicted of certain disorderly persons offenses. The prohibition is absolute and has no exceptions for hunting or home defense. A charge under this statute is a Graves Act offense. This triggers mandatory minimum sentencing upon conviction. The state must prove you were previously convicted of a predicate offense. They must also prove you knowingly possessed a firearm. Possession can be actual or constructive. Constructive possession means you had control over the firearm. This could be in a car or home you control. The charge is not dependent on the firearm being operable. An unloaded or inoperable gun can still lead to this charge. The law aims for zero tolerance for convicted felons with guns. Defenses often challenge the legality of the search or seizure. They may also challenge the proof of knowledge or possession. An experienced felon with firearm defense lawyer Salem County knows these nuances.

What constitutes “possession” under New Jersey law?

Possession means having direct physical control or the intention and capacity to control an item. Actual possession means the firearm is on your person. Constructive possession means you know the firearm is present and can exercise control over it. The firearm could be in a shared space like a car trunk. Prosecutors must prove you knew the gun was there and had dominion over it.

Who is considered a “certain person” or prohibited person?

The law applies to anyone convicted of crimes like murder, robbery, or aggravated assault. It also includes those convicted of many drug distribution crimes. A conviction for a disorderly persons domestic violence offense also triggers the prohibition. The prior conviction can be from any state or federal court. The prohibition is for life unless your rights are formally restored.

Does the type of firearm change the charge?

The charge severity does not change based on the type of firearm. Possession of any firearm, from a handgun to a long gun, is prohibited. The mandatory sentencing under the Graves Act applies regardless. The specific type may influence plea negotiations or sentencing arguments.

The Insider Procedural Edge in Salem County

Felon in possession cases in Salem County are heard in the Superior Court, Law Division, Criminal Part. The Salem County Superior Court is located at 92 Market Street, Salem, NJ 08079. These cases begin with an indictment from a grand jury. You will not have a preliminary hearing. The case proceeds directly to the Superior Court after indictment. The local procedural fact is that Salem County prosecutors take gun cases very seriously. They are less likely to offer pre-trial intervention (PTI) for second-degree Graves Act offenses. The court’s docket moves deliberately. Expect several pre-trial conferences before a trial or plea date is set. Filing fees and court costs are standard but add up. You need a lawyer familiar with this specific court’s calendar and judges. Procedural specifics for Salem County are reviewed during a Consultation by appointment at our Salem County Location.

What is the typical timeline for a felon in possession case?

A case can take over a year from indictment to resolution. The grand jury indictment must occur within a set period after arrest. Pre-trial motions, like suppressing evidence, can take months to schedule and argue. The court will set multiple status conferences to monitor progress. A trial, if necessary, will be scheduled well in advance. Learn more about Virginia legal services.

Can the case be resolved before an indictment?

It is very difficult for a second-degree Graves Act charge. Prosecutors have little discretion to downgrade or dismiss before indictment. Defense efforts focus on challenging the evidence presented to the grand jury. A strong motion can sometimes lead to a favorable pre-indictment resolution.

Penalties & Defense Strategies

The most common penalty range is the mandatory 5 to 10-year state prison term. A conviction under N.J.S.A. 2C:39-7 carries severe, non-negotiable consequences. The judge has no discretion to sentence below the mandatory minimum. You must serve the full period of parole ineligibility. This is often 42 to 60 months depending on the sentence. Fines can reach $150,000. The felony conviction remains on your record permanently. It also creates a new predicate offense for any future weapon charge. A strong defense is your only shield against these penalties.

[Insider Insight] Salem County prosecutors view these cases as high-priority. They rarely offer plea deals that avoid state prison for a convicted felon. The defense must attack the case’s foundation. This means challenging the stop, search, or arrest that found the weapon. We scrutinize police reports for Fourth Amendment violations. We also examine the chain of custody for the firearm. An effective prohibited person gun charge lawyer Salem County leaves no stone unturned. We explore all avenues, from suppression motions to challenging the proof of your prior conviction.

What are the main defense strategies for this charge?

The primary defense is to file a motion to suppress the firearm as evidence. This argues the police discovered the gun through an illegal search or seizure. Another strategy is to challenge whether you knowingly possessed the firearm. We may argue the gun belonged to another person in the car or home. We can also examine the validity and documentation of your prior conviction.

Can a first-time weapon offense still trigger the Graves Act?

Yes, if you have a prior predicate conviction for a serious crime. The “first-time” refers to the weapon charge itself. The Graves Act applies because of your status as a previously convicted person. Your prior record, not your clean weapon history, controls the mandatory sentence. Learn more about criminal defense representation.

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

Our lead attorney for serious firearm offenses has over a decade of trial experience in New Jersey courts. He knows how to pressure the state’s evidence from day one. SRIS, P.C. has a dedicated team for complex criminal defenses in Salem County. We assign multiple legal professionals to review every case detail. Our approach is direct and strategic. We do not waste time on procedures that do not benefit your defense.

We have achieved favorable results in numerous felony weapon possession cases. Our team understands the high stakes in Salem County Superior Court. We prepare every case as if it is going to trial. This preparation often leads to better outcomes at the negotiation table. We provide clear, realistic advice about your options. You will know the strengths and weaknesses of the state’s case against you. Our Salem County Location is staffed to handle your case locally. We provide criminal defense representation with a focus on firearm offenses. Trust our experienced legal team to fight for your future.

Localized FAQs for Salem County

What court handles felon in possession cases in Salem County?

Is there parole eligibility for a felon in possession conviction?

Can I own a firearm after my rights are restored?

What is the first step after being charged?

How does a prior out-of-state conviction affect the charge?

Proximity, CTA & Disclaimer

Past results do not predict future outcomes.