New Jersey Felony Defense Lawyer

The best result in an indictable case is often one that never reaches a trial verdict: a downgrade to a lesser degree, admission into a diversion program, a waived mandatory minimum, or a dismissal built on a suppressed search. Sanvenero & Cittadino, LLC is a New Jersey law firm that represents people charged with indictable offenses in Superior Court, with clients throughout Monmouth, Ocean, and Middlesex Counties and across the state. The firm treats a felony charge as a problem to be solved early, before a prosecutor’s first offer hardens into the only offer.

If you are looking for a New Jersey felony defense lawyer, the first thing to know is that New Jersey does not use the word “felony” in its statutes. Serious crimes are called indictable offenses and are graded from first degree down to fourth degree. The degree of the charge drives everything that follows: the sentencing range, whether prison is presumed, whether you can apply for Pretrial Intervention, and how long a conviction will follow you. A single fact, such as the type of firearm or whether a restraining order was in effect, can move a case from one degree or program track to another.

Gun Possession, Graves Act Exposure, and Other Charges That Carry Prison

Few areas show the stakes of grading better than weapons cases. Unlawful possession of a handgun under N.J.S.A. 2C:39-5(b) is a second-degree crime, with a sentencing range of five to ten years. Possession of a rifle or shotgun under subsection (c) is third degree, with a range of three to five years, and other weapons under subsection (d) are fourth degree, with exposure of up to eighteen months. The Legislature raised unlawful handgun possession from third to second degree in 2013, which is why older advice about these cases is often wrong.

The Graves Act, N.J.S.A. 2C:43-6(c), adds a layer many defendants do not see coming. For covered gun offenses it requires a term of parole ineligibility, generally the greater of 42 months or one-half of the sentence imposed, and 18 months for fourth-degree Graves Act offenses. There is a pressure valve: under N.J.S.A. 2C:43-6.2, the assignment judge may waive the mandatory minimum on the prosecutor’s motion when the defendant has no prior gun-offense conviction. Whether that motion gets filed is often the central negotiation in the case, which makes early, organized mitigation work decisive.

Firearm cases also arrive through side doors. Under a domestic violence restraining order, all firearms must be surrendered and any Firearms Purchaser Identification Card is revoked, and a later violation can be charged as contempt under N.J.S.A. 2C:29-9. Our criminal defense attorneys also handle firearm ID application appeals, so the firm sees both ends of this problem.

Why Choose Sanvenero & Cittadino, LLC for Felony Defense

Sanvenero & Cittadino, LLC is a full-service firm serving individuals, families, and business owners throughout Monmouth County, including Red Bank, Rumson, Middletown, Holmdel, Colts Neck, Tinton Falls, Freehold, Long Branch, and Asbury Park, as well as Ocean County, Middlesex County, and the rest of New Jersey. The firm’s criminal law practice covers indictable charges, disorderly persons offenses, DWI, traffic tickets, firearm ID appeals, and municipal court defense, and its attorneys are admitted in New Jersey, New York, Florida, and the District of Columbia. Several attorneys have been recognized by Super Lawyers. The team communicates clearly, returns calls, and explains each step in plain terms, which matters when a client is deciding whether to accept a plea offer or go to trial.

Richard Sanvenero, Managing Partner, is a New Jersey Supreme Court Certified Matrimonial Attorney who previously served as a law clerk in the Family Part of the Superior Court. That background is more useful in criminal cases than it first appears. Felony charges frequently overlap with domestic violence allegations, restraining orders, and custody disputes, and a result in one forum can damage the other. Joshua Cittadino, Founding Partner, brings experience in real estate, construction litigation, personal injury, employment matters, and business transactions, which helps when an indictable charge touches a client’s business, license, or livelihood. Mike Canarick, Of Counsel, is a tax and estate planning attorney, a useful resource when a case involves financial records or asset questions.

The firm has also shown it can deliver in contested matters, including $400,000 recovered for personal injury clients in just three months. Because the firm works as one coordinated team across family, business, real estate, estate planning, and litigation, a felony client does not have to explain the same crisis to three different offices when a charge spills into other parts of life.

Charges and Case Types We Defend in Superior Court

• Unlawful Possession of a Handgun: A second-degree crime under N.J.S.A. 2C:39-5(b) with a five to ten year range and Graves Act mandatory minimum exposure. These cases frequently begin with a motor vehicle stop or a search, so the legality of the stop is often the strongest defense issue.
• Rifle, Shotgun, and Other Weapons Charges: Rifles and shotguns are third-degree offenses (three to five years) and other weapons are fourth degree (up to eighteen months). The difference in grading can open or close the door to diversion.
• Domestic Violence-Related Indictable Offenses: Assault, terroristic threats, stalking, and contempt of a restraining order can all be charged as indictable crimes. Charges committed while a temporary or final restraining order was in effect carry a presumption against Pretrial Intervention.
• Third and Subsequent DWI: A third offense carries a fine of $1,000 and no less than 180 days in a county jail or workhouse, though the court may credit up to 90 days for time in an approved inpatient rehabilitation facility. Because it is a jail-exposure case, it deserves the same preparation as a Superior Court matter even when heard in municipal court.
• Drug Offenses: Distribution and possession-with-intent charges are graded by substance and quantity. Conditional discharge under N.J.S.A. 2C:36A-1 is available only for certain disorderly persons drug offenses, and only once, so it is not an option for most indictable drug charges.
• Offenses Involving Public Office or Employment: A public officer or employee whose offense touched on their position faces a presumption against Pretrial Intervention, which makes the defense strategy more demanding from the first conference.
• Charges That Threaten Immigration Status or Licenses: An indictable conviction can reach a client’s immigration standing, professional license, and employment. We weigh those consequences before any plea discussion, not after.

What to Do in the First Days After an Indictable Charge

The first rule is to say nothing about the facts to police, to co-defendants, or on social media. Statements made informally are the raw material of many prosecutions, and they are rarely helpful to the person making them. Ask for a lawyer and stop talking. If you have been served with a complaint or told that a warrant exists, contact an attorney before any court date so that a surrender and release arrangement can be handled on your terms.

Indictable cases in Monmouth County are heard in the Superior Court at the Monmouth County Courthouse in Freehold, in Ocean County at the Ocean County Courthouse in Toms River, and in Middlesex County at the Superior Court in that county. Many cases start in a municipal court, such as Red Bank, Tinton Falls, Middletown, Long Branch, Asbury Park, or Freehold, where a first appearance and initial release conditions are handled before the case moves up. Do not treat that first municipal appearance as a formality. Release conditions set there can include no-contact orders and restrictions that affect your home and work.

Preserve evidence quickly. Save texts, call logs, receipts, location data, and the names of anyone who saw the events. Write down your own timeline while your memory is fresh, and give it only to your lawyer. If a firearm was seized or a license was revoked, bring every document you received. Early on, the most valuable thing a defense attorney can do is obtain the discovery: police reports, body camera and dash camera video, lab results, and warrants. Defense strategy then follows from what that material actually shows, including whether a stop, search, or statement can be challenged.

Avoid the common mistakes. Do not contact an alleged victim, even to apologize, if a restraining order or no-contact condition exists. Do not miss a court date. Do not assume a prosecutor’s first plea offer is the best available; offers often improve once mitigation is presented or evidence problems surface.

Pretrial Intervention, Waivers, and Other Ways Out of a Conviction

Pretrial Intervention, governed by N.J.S.A. 2C:43-12, is the most important off-ramp in New Jersey criminal practice. A defendant accepted into the program completes a period of supervision, and on success the charges are dismissed. It is available only once per defendant. Anyone who previously received supervisory treatment, a conditional discharge, or a conditional dismissal is not eligible.

The rules tighten as the charge becomes more serious. Admission is available only upon a guilty plea for defendants charged with a first or second degree crime, defendants with a prior first or second degree conviction, and certain third or fourth degree domestic violence crimes. A presumption against admission applies where the offense involved violence or the threat of violence, where domestic violence was committed while a restraining order was in force, or where a public employee’s offense touched on public office. A presumption is not a bar: it can be overcome with a strong application, which is why the quality of the package submitted matters.

Beyond PTI, the defense toolkit includes motions to suppress evidence, challenges to the grand jury process, negotiating a downgrade of the charged degree, and seeking a Graves Act waiver where the facts allow it. If a conviction does occur, expungement can eventually restore a clean record. Under the Clean Slate provision, N.J.S.A. 2C:52-5.3, a person generally needs ten years since the last conviction and since paying fines and completing probation or parole. Other routes are shorter: five years after completing the sentence in most cases, and as little as four years for an indictable conviction in compelling circumstances. Certain offenses, including murder, manslaughter, kidnapping, sexual assault, robbery, arson, and perjury, can never be expunged. Planning for expungement from the day of sentencing can influence how a plea is structured.

Common Questions About Felony Charges in New Jersey

Does New Jersey have felonies?

Not by that name. The state calls serious offenses indictable crimes and grades them first through fourth degree. People still say felony in everyday conversation, but the degree of the charge is what controls penalties and eligibility for programs like Pretrial Intervention.

What is the difference between an indictable offense and a disorderly persons offense?

Indictable crimes are the more serious category, prosecuted in Superior Court by indictment or accusation. Disorderly persons offenses are lesser offenses typically handled in municipal court. Some charges, including certain DWI and traffic matters, sit in municipal court but still carry jail exposure.

How much prison time does a handgun charge carry?

Unlawful possession of a handgun is a second-degree crime with a range of five to ten years. The Graves Act generally requires parole ineligibility of the greater of 42 months or one-half of the sentence imposed, unless the assignment judge waives it on the prosecutor’s motion for a defendant with no prior gun conviction.

Can I get Pretrial Intervention on a felony-level charge?

Often yes, but not automatically. PTI is available only once, and for first or second degree charges and certain other categories admission requires a guilty plea. Charges involving violence or a restraining order violation carry a presumption against admission, which a strong application can sometimes overcome.

Will I go to jail while my case is pending?

Not necessarily. Release conditions are set at the outset, and many defendants are released with conditions such as monitoring or no-contact orders. The conditions set early matter, so having counsel at the first appearance is valuable.

What is a grand jury, and can I challenge it?

A grand jury decides whether there is enough evidence to indict. The process is largely controlled by the prosecutor, but defense counsel can sometimes challenge an indictment where the legal instructions or presentation were deficient.

How long does an indictable case take in Superior Court?

There is no fixed timeline. A case with discovery disputes, suppression motions, or lab testing takes longer than one resolved quickly through diversion or a plea. Complex matters can take many months, and a good defense uses that time to build mitigation rather than just waiting.

Can a restraining order case turn into a criminal felony case?

Yes. The underlying conduct in a restraining order case may be charged as an indictable offense, and violating a temporary or final restraining order can be prosecuted as contempt under N.J.S.A. 2C:29-9. Because the burden at a final restraining order hearing is only a preponderance of the evidence, testimony given there can be used in the criminal case, so the two proceedings need coordinated handling.

Can a conviction affect my immigration status or professional license?

It can. Immigration consequences depend on the offense and the sentence, and licensing boards often review criminal convictions. That is why the collateral consequences should be evaluated before accepting any plea, not afterward.

Will my record ever clear after a conviction?

Many people become eligible for expungement over time. Clean Slate generally requires ten years from the last conviction and from completing all sentence conditions, with earlier routes available in some situations. The most serious offenses are permanently barred from expungement.

Is a third DWI really a jail case?

Yes. A third or subsequent offense carries a fine of $1,000 and imprisonment of not less than 180 days in a county jail or workhouse, with the court able to credit up to 90 days for time in an approved inpatient rehabilitation facility.

Serving Felony Defense Clients Across Monmouth, Ocean, and Middlesex Counties

Our defense work is centered in Monmouth County, where the firm represents clients from Red Bank, Rumson, Shrewsbury, Middletown, Holmdel, Colts Neck, and Tinton Falls through Freehold, Long Branch, and Asbury Park. Cases from those communities often begin in the local municipal court before moving to the Superior Court in Freehold, and we are familiar with how each court handles first appearances and release conditions.

We also represent clients in Ocean County, including Toms River and the surrounding communities, and throughout Middlesex County. Our attorneys appear before courts across these counties and handle matters statewide, so a client charged outside the immediate Monmouth area can still be represented by the same team that handles the rest of their legal needs.

Speak With a New Jersey Felony Defense Attorney Today

A serious charge sets a clock running, and the choices made in the first weeks, including what you say, what evidence is preserved, and which motions are filed, shape every option that follows. If you need a New Jersey felony defense attorney, call Sanvenero & Cittadino, LLC to schedule a consultation. We will review the charge, explain where the case is likely to go, and begin working on the strongest path to a dismissal, a diversion program, or a reduced outcome.