Possession by a Convicted Person

Strategy Session

While a phone consultation will give you the opportunity to discuss your case with The Law Offices of Howard W. Bailey, we would like to offer you an opportunity to present at no charge or obligation a more detailed written description relaying the facts of your case on our Strategy Session Form page.

NJ Possession of Weapons by a Convicted Persons Lawyer

If you have been previously convicted of certain types of crimes, it is illegal for you to have a weapon in your possession. Prior convictions for crimes of Aggravated Assault, Arson, Robbery and others, exposes you to this charge just for having the weapon in your possession. It does not matter why you had the weapon, or what you did with it. The mere fact of having possession (actually or constructively) of the item exposes you to a mandatory prison sentence.

If you have been previously convicted of a crime and are being charged with the possession of a weapon by a convicted person, STOP TALKING EXCEPT TO YOUR LAWYER.

Contact an experienced criminal defense lawyer to learn what your options are to defend your freedom. Contact Howard Bailey at 973-982-1200 for a free consultation.

Defending a Charge of Possession of a Weapon by a Convicted Felon

If possible, establish that while you have been convicted before, it was not one of the predicate crimes listed in the statute. If possible, establish that it was not you who had possession and that you made no effort to touch or otherwise control the weapon. If possible, establish that there was no reasonable basis for you to know that the weapon was there. In a recent case, Howard Bailey successfully convinced the Intensive Supervision Program that while the client had been living in the house where the gun was found, he had never used the room where the gun was located, had never seen the gun, and that another person pled guilty to the possession of the gun and stated that the client never knew the gun was nearby. The charge was dismissed and the client was reinstated into the ISP program.

Other Weapon Offenses and Possession of a Weapon by a Convicted Person

If you are charged with these types of weapon offenses, you are exposed to mandatory sentencing consequences, and to mandatory consecutive sentencing. Consult immediately with an experienced criminal defense attorney. Call Howard Bailey at 973-982-1200 for a free consultation.