Freehold Felony Defense Lawyer
In New Jersey, the most serious criminal charges are called indictable offenses, and in Monmouth County they are prosecuted in the Superior Court, Criminal Division, at the county courthouse in Freehold. That is where grand juries, plea negotiations, pretrial motions, and trials happen for felony-level cases. Sanvenero & Cittadino, LLC represents people accused of indictable crimes in Freehold and across Monmouth, Ocean, and Middlesex Counties, and the firm’s criminal law practice sits alongside its family, business, real estate, and litigation work. Anyone looking for a Freehold felony defense lawyer is usually asking one question: what do I need to decide in the next few days, and what can I still change?
Felony cases in New Jersey are graded by degree, from first through fourth, and the degree controls the sentencing range, the presumption of imprisonment, and whether a diversion program is even on the table. A handgun charge can carry a mandatory period without parole eligibility. A third-degree drug charge may be a candidate for Pretrial Intervention. Those differences are built into the statutes before anyone has made an argument, which is why early decisions about statements, searches, and plea timing matter so much.
Why Choose Sanvenero & Cittadino, LLC for Felony Defense
Sanvenero & Cittadino, LLC is a New Jersey law firm that represents individuals, families, and business owners in criminal and municipal court matters throughout Monmouth County, Ocean County, Middlesex County, and the rest of the state. Managing Partner Richard Sanvenero is a New Jersey Supreme Court Certified Matrimonial Attorney who earlier served as a law clerk in the Family Part of the Superior Court. That background gives the firm a close view of how judges weigh evidence and credibility, and it matters in felony cases that spill into family court, such as domestic violence allegations that affect custody. Founding Partner Joshua Cittadino brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which is useful when an indictable charge grows out of a business dispute, a property transaction, or a workplace conflict.
Criminal charges rarely stay in one lane. A felony arrest can trigger a restraining order hearing, threaten a professional livelihood, complicate a divorce, or put a company’s finances at risk. Because the firm’s attorneys handle family law, business law, civil litigation, and estate planning under one roof, a client does not have to coordinate several unconnected firms while facing a prosecution. Attorneys at the firm are admitted in New Jersey, New York, Florida, and the District of Columbia, and several have been recognized by Super Lawyers. The firm has also recovered $400,000 for personal injury clients in three months, a reminder that its lawyers are accustomed to building a record and pressing a case on a deadline. Clients consistently describe a team that communicates clearly, returns calls, and explains each step in plain terms, which is what a person in a felony case needs most.
Felony Charges We Defend in Monmouth County Superior Court
- Unlawful Possession of a Firearm: Under N.J.S.A. 2C:39-5, unlawful possession of a handgun is a second-degree crime carrying five to ten years, rifles and shotguns are third-degree offenses carrying three to five years, and other weapons are fourth-degree offenses with up to eighteen months. The Graves Act, N.J.S.A. 2C:43-6(c), can impose a mandatory minimum without parole eligibility, and a prosecutor may in some cases move for a waiver under N.J.S.A. 2C:43-6.2 for a defendant with no prior gun conviction.
- Domestic Violence-Related Indictable Offenses: Assault, terroristic threats, stalking, and contempt can arise from an incident that also produces a restraining order. A violation of a temporary or final restraining order can be charged as contempt under N.J.S.A. 2C:29-9, and the criminal case and the Family Part case can move on different tracks at the same time.
- Drug Distribution and Possession With Intent: Charges often follow a motor vehicle stop or a search of a home or car. The grade of the offense depends on the substance, the quantity, and the location, and suppression issues often decide whether the case survives.
- Theft, Fraud, and Business-Related Crimes: Employee theft, check and credit fraud, and allegations tied to company funds can be graded by dollar amount. These cases are heavily document-driven, and the firm’s business law experience helps in reading ledgers, contracts, and financial records.
- Assault and Violent Offenses: Aggravated assault and related charges turn on injury, intent, and circumstances such as self-defense. Violence or the threat of violence also creates a presumption against Pretrial Intervention under N.J.S.A. 2C:43-12.
- DWI With Indictable Consequences: Most DWI cases are handled in municipal court, but a driving case that involves serious injury or a prior record can carry far more than the standard fines, license loss, and ignition interlock requirements. Repeat offenses bring escalating jail exposure, including a minimum of 180 days for a third or later offense.
- Offenses Affecting Public Employment: A public officer or employee whose offense touches on their position faces a presumption against Pretrial Intervention, so these defendants need a plan from the first day.
The First Decisions After a Felony Arrest in Freehold
The first thing to protect is silence. Police officers and detectives are trained to take statements, and anything said at a station, in a car, or in a text message to an investigator can become the centerpiece of a case. Say that you want a lawyer, give identifying information, and stop. Do not discuss the facts with co-defendants, friends, or the alleged victim, and do not post about the incident online.
Next, understand where the case is going. Felony matters in Monmouth County begin with a complaint and an early appearance, and the indictable case is then sent toward the county prosecutor and the Superior Court in Freehold. Some charges are first processed through a municipal court, such as Freehold Borough Municipal Court or Freehold Township Municipal Court, before the case moves up. The Monmouth Vicinage handles criminal matters at the county courthouse in Freehold, and the early window before indictment is often when a lawyer can have the most influence, through negotiations with the prosecutor, bail arguments, and review of the evidence.
A related decision is whether the case is a candidate for diversion. Pretrial Intervention, governed by N.J.S.A. 2C:43-12, can lead to dismissal of charges after successful completion of supervisory treatment. It is available only once per defendant, and anyone who previously received supervisory treatment, a conditional discharge, or a conditional dismissal is not eligible. Some defendants, including those charged with first or second degree crimes, may enter only after a guilty plea, and certain categories face a presumption against admission. Deciding whether to apply, and when, is a strategic call that depends on the facts, the charge, and the prosecutor’s likely position.
If a restraining order is in play, treat it as a parallel case. A temporary restraining order sets a hearing within ten days, and a final restraining order, if granted, does not expire. The standard at that hearing is a preponderance of the evidence, a far lower bar than a criminal trial. A firearm owner subject to a domestic violence order must surrender firearms, and any Firearms Purchaser Identification Card is revoked. Testimony given in the restraining order hearing can be used later, so the two cases need to be planned together.
How Felony Cases Are Won, Reduced, or Resolved
Most felony cases do not hinge on one dramatic moment. They turn on a series of smaller questions. Was the stop lawful? Was the search authorized by a valid warrant or a recognized exception? Were statements taken after proper warnings? Does the prosecution have credible proof that the defendant actually possessed the item or committed the act? Motions to suppress evidence can reshape a case, and a weakened case often leads to a reduced charge, a downgrade in degree, or dismissal.
Sentencing exposure is the other half of the analysis. For a gun charge, the difference between a Graves Act mandatory minimum and a negotiated resolution can be years. For a drug offense, a favorable degree reduction may open the door to probation or diversion. A defense lawyer’s job in a felony case is to understand both tracks, the trial path and the negotiated path, and to advise the client honestly about each. That includes the collateral consequences of any outcome: employment, professional licensing, immigration status, firearm rights, and the ability to seek expungement later.
Expungement is a long-term consideration. Under the Clean Slate law, N.J.S.A. 2C:52-5.3, a person may qualify after ten years from the last conviction and from payment of fines and completion of supervision. In many other cases the waiting period is five years after the sentence is served, and shorter early pathways exist for compelling circumstances, including four years for an indictable conviction. Certain serious crimes, including murder, kidnapping, sexual assault, robbery, arson, and perjury, cannot be expunged. A plea decision made today can open or close those doors, which is one reason to think about the end of the case before you agree to its terms.
Freehold Felony Defense: Questions We Hear
What counts as a felony in New Jersey?
New Jersey calls its felonies indictable offenses, graded from first degree, the most serious, down to fourth degree. The degree determines the sentencing range and many procedural rules, including diversion eligibility.
Where will my felony case be heard if I am charged in Freehold?
Indictable cases in Monmouth County are heard in the Superior Court, Criminal Division, at the Monmouth County Courthouse in Freehold. Early steps may occur in a municipal court, such as Freehold Borough or Freehold Township, before the case moves to the Superior Court.
Should I talk to the police if I think I can clear things up?
No. Investigators are building a case, and an innocent explanation can be twisted or misremembered. Ask for a lawyer, provide basic identifying information, and let your attorney handle communication with the prosecutor.
What is Pretrial Intervention, and who qualifies?
Pretrial Intervention is a diversion program under N.J.S.A. 2C:43-12 that lets eligible defendants complete supervised conditions in exchange for dismissal of the charges. It is available only once, and there are presumptions against admission for certain defendants, such as public employees whose offenses relate to their jobs and people charged with violent offenses.
What is the Graves Act, and does it apply to my gun charge?
The Graves Act requires a minimum prison term without parole eligibility for certain firearm offenses, generally the greater of 42 months or half the sentence imposed, with an 18-month minimum for fourth-degree offenses. A prosecutor can move for a waiver for defendants with no prior gun conviction under N.J.S.A. 2C:43-6.2.
How serious is unlawful possession of a handgun?
It is a second-degree crime, carrying five to ten years under N.J.S.A. 2C:39-5. The upgrade from third to second degree came with legislation in 2013, and it makes these cases among the most heavily negotiated in the county.
If I have a restraining order against me, can I still be charged with a crime?
Yes. The restraining order is a civil Family Part matter, but the underlying conduct can also be charged criminally, and violating a restraining order can be prosecuted as contempt under N.J.S.A. 2C:29-9. The two cases run separately but affect each other.
Can a felony charge hurt my job or professional license?
It can. Employers and licensing boards often react to the charge itself, not only to a conviction, and public employees face particular risk. A defense strategy should account for employment and licensing consequences from the start.
Can I get a felony conviction expunged?
Often, but not always. Eligibility depends on the offense, the time that has passed, and whether you completed fines, probation, or parole. Some serious crimes are permanently excluded, and a plea agreement can affect what is available later.
How long does a felony case take in Monmouth County?
There is no fixed timeline. A case that resolves through early negotiation can move quickly, while a case with suppression motions, forensic evidence, or a trial can take considerably longer. A realistic estimate depends on the charge, the discovery, and the court’s schedule.
Can a felony defense lawyer help if my case also involves a divorce or custody dispute?
Yes, and this is where a full-service firm helps. Criminal allegations can affect custody and financial outcomes, and coordinating the defense with family law counsel keeps the positions consistent across both cases.
Serving Felony Defense Clients Across Monmouth County and Beyond
The firm’s felony defense work begins in Freehold and extends throughout Monmouth County, including Freehold Borough and Freehold Township, Colts Neck, Holmdel, Middletown, Red Bank, Rumson, Shrewsbury, Tinton Falls, Long Branch, and Asbury Park. Those towns have their own municipal courts, and many felony cases pass through them before reaching the Superior Court in Freehold. The firm also represents clients in neighboring Ocean County, including Toms River, and in Middlesex County, as well as across the state of New Jersey.
Speak With a Freehold Felony Defense Attorney
The choices made in the first days of a felony case, including whether to speak, whether to pursue diversion, and how to handle a parallel restraining order, shape everything that follows. A Freehold felony defense attorney at Sanvenero & Cittadino, LLC can review the charges, explain the realistic range of outcomes, and help you decide how to proceed. Call the firm to schedule a consultation.