A first-time offender who had no violence associated with their case may be able to take advantage of a probationary program that keeps them out of prison. First offense gun charge in new jersey laws. South Jersey Lawyers for Unlawful Possession of a Handgun. The judge may require the probationer to undergo psychological and/or drug and alcohol evaluations and obtain counseling or complete a rehabilitation program and take random urine tests. Additionally, if the assault rifle was seized subject to a search that violated the New Jersey or Federal Constitution, the assault rifle recovered may be suppressed.
Weapons charges can result from simple possession of a weapon, even if it was not being used. Once one has completed the terms of their sentence – that is, payment of fines, parole, and prison time – they can apply to have their record expunged after six years. What Is Considered a Weapon in New Jersey? An experienced criminal defense attorney who understands the nuances of the Graves Act can help you make your case. What Are the Common Weapons Charges in New Jersey? Only a licensed law enforcement official or member of the military or National Guard may possess a silencer. First offense gun charge in new jersey code. There are potentially many opportunities to challenge weapons charges. There are a variety of other ways to fight criminal charges involving unlawful possession of a handgun, possession of a weapon for an unlawful purpose and other related weapons charges. New Jersey Firearms Defense Lawyer, Steven W. Hernandez. We challenged the reliability of the confidential informant, we challenged the States subpoena process and we challenged the search of the bag, the car, and everything else. How to beat a gun charge #5. For example, on a 5 year flat sentence, a defendant is typically eligible for parole after anywhere between 12 and 16 months in prison. Volet, our team will get to work immediately on your defense. Believe it or not, a great many things could fall into this category, including a person's fists.
However, it is possible. The unlawful possession or use of a weapon in New Jersey could result in a criminal charge. A conviction of unlawful possession of a machine gun, handgun, or assault rifle is accompanied by ineligibility for parole for 5 years if the court finds the defendant and/or crime was connected to organized crime activity. Knives and similar instruments, such as gravity knives, switch-blades, daggers, dirks, and stilettos. 2C:43-6(c)) requires a minimum prison sentence for most gun offenses that includes a period with no eligibility for parole. Challenging motor vehicle stops and illegal searches. A Brief Rundown of the Penalties for a Gun Charge in NJ. Instead, as established in State v. Nwobu, 652 A. The penalty will vary depending on the specific charge, but as a general rule, most people convicted of gun crimes in New Jersey will have to spend at least 42 months in prison before they're eligible for parole. Destructive devices: anyone found with a destructive device may serve between 3 and 5 years in prison. I recently represented a client who was arrested based upon the information provided by a confidential informant. At Gelman Law, LLC, we work with the prosecutor in order to convince them that it is in the public interest to consent to one of these options. Unlawful Possession of a Rifle or Shotgun – N. 2C:39-5(c).
If you or someone you know would like to speak to one of our New Jersey gun crime attorneys about an unlawful possession of weapons case you can call our law firm at any time. In fact, New Jersey has very strict storage requirements for taking your firearm from one location to another. First Offense Gun Charge Lawyers New Jersey | 1st Time Offender Gun Crime NJ. New Jersey has some of the toughest gun laws in the country. Plea negotiations and reducing sentencing minimums. If the court grants the motion, then the weapon charges and all charges related to its discovery may not be used in your prosecution.
Issues with chain of custody of weapons that is presented as evidence. The illegal possession of certain bullets can get you in very serious trouble in New Jersey. You are also permitted to transport a firearm from one place to another, provided it is kept in a locked container and the bullets are removed from the magazine and both are separated from the handgun. Weapon Possession Charges in New Jersey – N.J.S.A. 2C:39-5. You should never make any admissions to the police when you are questioned. Rosenblum Law Firm, May 21, 2012. Hire a seasoned criminal defense lawyer who will fight for your rights. New Jersey has some of the toughest weapons laws in the country, but you can contact Rosenberg | Perry & Associates for a free consultation. If a gun or another weapon is used in the commission of a crime, state and federal laws typically provide for harsher punishment upon conviction than for a crime committed without a weapon. If there are any search issues, a motion to suppress could result in the entire case being dismissed.
2C:43-6(c), requires the imposition of a minimum term of imprisonment and parole ineligibility for certain firearm offenses. As a Graves Act offense, there is the possibility of a mandatory minimum of three years in jail. Firearm laws in new jersey. Once we have fully investigated your case, we will seek to negotiate a reduction or dismissal of your charges or pursue other alternatives to conviction as the evidence permits. In essence, you avoid mandatory prison and the damaging effects of becoming a convicted felon with a criminal record.
If you or a loved one is facing weapons charges in New Jersey, you need to speak with our knowledgeable Monmouth County criminal defense attorney as soon as possible. Led by a former Burlington County prosecutor, our handgun possession defense lawyers know how the prosecution thinks when building a case against you. Contact Our NJ Law Offices About Your Handgun or Weapons Charges.