New Jersey Gun & Weapons Charges Defense Lawyers. However, a Graves Act waiver can be obtained in certain cases to lower the prison time or remove it entirely depending on the circumstances of your charges. Current new jersey gun laws. Mandatory Minimum Jail Time for Unlawful Possession of a Handgun Conviction in Camden County, NJ. If you are successful in arguing this defense, the prosecution may have to drop the charges against you. Notably, these outcomes all require the expertise of a skilled defense lawyer with experience working with the prosecutor. New Jersey Firearms Defense Lawyer, Steven W. Hernandez.
Challenging motor vehicle stops and illegal searches. Penalties for gun and weapon charges: Penalties vary based on the severity of the crime and the individual's prior history. First Offense Gun Charge Lawyers New Jersey | 1st Time Offender Gun Crime NJ. This sentencing law mandates that anyone convicted of possessing a firearm without a permit to carry the same must serve 85% of the sentence imposed, but no less than 42 months. Our attorneys include former prosecutors who can spot weaknesses in the prosecution's case. The specific penalties an individual faces and whether they are violating the law if specific to each individual case and the specific facts and circumstances of that particular case. A legal team that brings to each case insider knowledge as former prosecutors and public defenders.
Likewise, there are instances when gun charges are coupled with "Certain Persons" offenses punishable under N. 2C:39-7. In one 2014 case that attracted a lot of media attention, a Philadelphia woman was charged when a loaded gun was found in her car after a routine traffic stop in New Jersey. The law expressly forbids anyone under the age of 18 from acquiring, possessing, carrying, or using a weapon. Those statements regarding the gun and ownership will only hurt you. Parole ineligibility is to be imposed for one third to one half of the full sentence, or 3 years, whichever is greater. Weapons charges can range from a disorderly persons offense (such as a person carrying more than the legal ¾-ounce of pepper spray) to a first-degree crime (such as unlawful possession of a firearm in certain circumstances). Additionally, the way in which the handgun was transported or possessed can in some circumstances be used to demonstrate that the individual did comply with the handgun possession law and they therefore should not be charged or convicted of a criminal offense. First offense gun charge in new jersey requirements. These programs are great for first time offenders who stand no chance of winning their case. And if you are convicted, you'll be ineligible for parole for 42 months per the Grave's Act. Any failure to comply with these restrictions or adhere to weapons safety regulations may lead to serious criminal charges. Homicide, N. 2C:11-3. We can help: simply contact the Tormey Law Firm in Morristown toll free at 866-949-6948, or you can use the online contact form to schedule an appointment with an experienced New Jersey Graves Act lawyer.
If charged, you can be certain that you will be prosecuted aggressively. As set forth by N. 2C:39-5(i), if a person is caught unlawfully possessing a machine gun, handgun, or assault firearm while engaged in "organized criminal activity, " he or she must be sentenced to a minimum of five (5) years in state prison, during which time the person will not be eligible for parole. Gun Case Victories #1 – One of the gun cases that we won in NJ. If an individual does not have a permit as required by this New Jersey statute, and has in his or her possession a handgun, the individual will be guilty of a crime of the second degree. Frequently Asked Questions About Unlawful Possession of a Handgun Charges in New Jersey. Graves Act Mandatory Minimums for NJ Firearms Offenses. First offense gun charge in new jersey supreme court. What Guns Are Outlawed? For example, if you are an out-of-state defendant, we ask for copies of an itinerary or hotel invoice showing where and why you were in New Jersey. Unlawful Possession. In either case, an experienced firearms defense lawyer must be prepared to file a motion to suppress the discovered evidence. There are two main categories of weapons offenses under New Jersey law: - Possession of a Weapon for an Unlawful Purpose – this offense is charged in those situations where an individual possesses a weapon (i. e. bat, knife, brass knuckles, etc. ) Firearms offenses are aggressively prosecuted, and you should consult with an experienced New Jersey criminal defense attorney if you have been charged.
The Graves waiver is required to received a probationary sentence (with no jail) as well as potential enrollment in the Pre-Trial Intervention program. This is true even if you actually live in a neighboring state and drive into New Jersey for work or any other reason with your gun. Hernandez, Esq., can review the details and circumstances of your case in order to construct a tailoring comprehensive defense against the charges you face. Penalties and Fines. N. 2C:39-3(f), Possession of Dum-dum or Body Armor Penetrating Bullets. Although judges do have discretion in assigning punishment within these sentencing guidelines, unlawful possession of a handgun charges are different. These crimes covered under the "Graves Act, " includes: - Unlawful Possession of a Machine Gun, Handgun, Rifle or Shotgun. Firearm Possession Lawyers In New Jersey. In addition, you will be subject to a minimum time in confinement without parole eligibility. As a result, it's critical to have an experienced attorney on your side that knows how to defend against a firearms charge. These harsh penalties make it critical that you have the best possible gun charge defense lawyer advocating on your behalf. If you do not know how to transport firearms in New Jersey and are found transporting them improperly, you may also be charged with unlawful possession of a weapon.
The Law Offices of Jonathan F. Marshall has one of the largest and most seasoned criminal defense teams in New Jersey. Since NJ prosecutors take gun charges very seriously, they are reluctant to agree to a probationary sentence in these cases. New Jersey Graves Act Weapons Offenses. Third-degree crimes are punishable by three to five years in prison. What's even worse is that the presumption of incarceration for a second degree crime means you are presumed to get prison time even with no prior criminal record. A Brief Rundown of the Penalties for a Gun Charge in NJ. As in all criminal matters, the judge's willingness to assign lower penalties will depend heavily on whether you have a prior criminal record. If you can prove that law enforcement did not have a legal basis to arrest or search you, then you can argue that any evidence obtained as a result of the arrest or search should not be admissible. Was the firearm operable? You need a lawyer with both the necessary criminal defense experience and a firm dedication to your case.
Frequently Asked Questions. In New Jersey, it is not illegal for certain people to own or possess firearms. The presence of a firearm or other weapon during the commission of a crime may create a new, more serious charge, such as assault being elevated to aggravated assault because a deadly weapon was allegedly used to threaten or harm someone. Mitigating factors might include: - The defendant's conduct was the result of circumstances unlikely to reoccur.
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