What to Do if You're Facing a Felony Weapons Charge
Aug. 5, 2025
A felony weapons charge in New Jersey brings serious legal and personal consequences, including fines, prison time, and long-term limitations on rights and opportunities. With heightened public and prosecutorial attention on weapon-related offenses, defending against these charges requires careful strategy and early action.
A criminal defense attorney can help you understand your rights, evaluate the strength of the prosecution’s case, and develop targeted defenses aimed at preserving your future.
At Schwartz, Hanna, Olsen, & Taus, located in Metuchen, New Jersey, I focus on defending individuals charged with serious offenses, including felony weapons charges. With decades of experience in New Jersey’s criminal courts, I provide straightforward, strategic representation tailored to each client’s unique situation.
My firm understands the pressure and uncertainty that come with facing criminal charges, and we work closely with you to protect your rights and fight for the most favorable outcome possible. Here, I’ll discuss what to do if you’re facing a felony weapons charge.
An Overview of the Charge and Its Consequences
New Jersey law defines felony weapons offenses broadly, covering unlawful possession, transfer, or use of firearms and other dangerous weapons. Conviction can lead to:
Prison sentences ranging from several to 20 years (or more, depending on aggravating factors).
Fines reaching tens of thousands of dollars.
Loss of firearm privileges, voting rights, and other civil liberties.
A permanent criminal record, which can affect employment, housing, and educational opportunities.
Certain offenses, such as possession of a firearm by a convicted felon or during the commission of another crime, may trigger mandatory minimum sentencing under New Jersey’s Graves Act.
This means parole ineligibility and harsher penalties—even for first-time offenders. With so much at stake, having a criminal defense attorney involved early in your case can significantly influence both process and outcome.
Immediate Steps to Take After Arrest
Being arrested for a weapons offense can be overwhelming, but taking the right steps initially can make a major difference:
Contact a criminal defense attorney immediately: Your lawyer will guide you on how to speak—or remain silent—with law enforcement.
Avoid self-incrimination: Refrain from unrecorded conversations or confessing remorse—it can be used against you.
Understand the bail process: Arrest may include bail or detention. Your criminal defense attorney can request reasonable bail and advocate for release.
Collect basic information: Note arresting officers’ names, case numbers, and any witnesses—your attorney needs this for building a defense.
These early steps help secure your rights and preserve evidence that may support your case.
Common Defenses Against Felony Weapons Charges
A criminal defense attorney may explore several approaches, depending on your situation:
Illegal search or seizure: If evidence was obtained without a valid warrant or probable cause, it may be suppressed.
Lack of knowledge or intent: You may have been unaware the weapon was present or had no intent to use it unlawfully.
Proper license or permit: New Jersey has strict licensing rules, but valid documentation can provide a solid defense.
Constructive possession challenges: Merely proximity to the weapon isn’t enough—there must be proof you knowingly controlled it.
Entrapment or police misconduct: If law enforcement improperly induced the offense, it may undermine the prosecution’s case.
Your criminal defense attorney will analyze the situation to see which defenses apply and how they can be leveraged.
What Happens During the Legal Process?
Working through a weapons charge involves several stages, each with its own legal demands:
Arraignment: Charges are formally read, and bail is set. Your criminal defense attorney can argue for lenient conditions.
Discovery phase: Prosecutors must share their evidence. Your lawyer reviews police reports, ballistics reports, and search warrants to identify weaknesses.
Pre-trial motions: Your attorney may file motions to suppress evidence, dismiss charges, or narrow the case.
Plea negotiations: Many cases settle before trial through reduced charges or sentencing agreements.
Trial: If negotiations fail, your criminal defense attorney presents your case before a judge or jury.
Sentencing or appeal: If convicted, your lawyer argues for a fair sentence. If errors occurred, appeals may be pursued.
Staying informed through each stage maintains your awareness and helps shape decisions aligned with your interests.
Pros and Cons of Plea vs. Trial Decisions
Your criminal defense attorney will review these strategic options:
Pros of a Plea Agreement
A plea agreement can reduce the potential charges and penalties you face, providing a more manageable outcome. It helps avoid the uncertainty and stress of going to trial. Additionally, resolving the case through a plea can lead to a quicker resolution, allowing you to move forward sooner.
Cons of a Plea
Accepting a plea agreement may still result in a felony record, which can impact your future opportunities. It also means giving up your right to have the case decided by a trial. Additionally, you might face probation or other forms of structured monitoring as part of the agreement.
Pros of Going to Trial
Going to trial offers the chance for a full acquittal if the prosecution’s case isn’t strong. It allows your criminal defense attorney to challenge the evidence and expose any weaknesses. In some cases, this can lead to charges being reduced or even dismissed entirely.
Cons of Going to Trial
Going to trial can be expensive, with significant legal fees and court costs. The process often brings emotional stress and uncertainty. Additionally, if convicted, there’s a risk of receiving the maximum possible sentence.
Your attorney will help weigh these options based on evidence, personal circumstances, and court history.
Restoration and Opportunities After a Weapons Conviction
Post-conviction consequences can linger, but there are paths to recovery:
Expungement or sealing: Some convictions may be eligible for review after a waiting period, reducing public record exposure.
Firearm rights restoration: In limited situations, firearm privileges can be reinstated under strict court criteria.
Re-entry planning: Assistance with job applications, housing, and rebuilding reputation is key.
Appeals and pardons: If procedural errors occurred or your conviction rests on questionable evidence, appeals can be filed. Clemency may also be possible.
While a felony weapons conviction can have lasting effects, it doesn't mean your future is without hope. With the help of a knowledgeable criminal defense attorney, you can explore options for relief, rehabilitation, and reclaiming control of your life. Taking proactive steps after sentencing can make a real difference in rebuilding your stability and confidence.
What You Can Do Now
If you’re facing a felony weapons charge, take these urgent steps:
Contact a criminal defense attorney immediately
Keep silent during police questioning until represented
Gather any relevant documents or records
Attend all court hearings without fail
Follow your attorney’s instructions and stay informed
These actions can directly affect the strength of your defense and the outcome of your case. Early, informed decisions show the court you're taking the matter seriously. A criminal defense attorney can help you avoid missteps and start building a strategy focused on protecting your future.
Speak With an Experienced Criminal Defense Lawyer Today
Facing a felony weapons charge is a serious challenge that requires focused legal support. At Schwartz, Hanna, Olsen, & Taus, I’m dedicated to defending clients across Metuchen County, Middlesex County,; Somerset County, Morris County, Essex County, Passaic County, Bergen County, Sussex County, and Hunterdon County, New Jersey.
Contact my firm today to discuss your case with a skilled criminal defense attorney who will protect your rights every step of the way.