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In addition to being sentenced to juvenile detention, a minor who is convicted will have to deal with the consequences of a criminal record, which can affect one's ability to get a job and attend college. New Jersey only rarely issues carry permits for guns—and usually only if you have demonstrated that your life is in danger or you are a law enforcement officer. Consequences for a First Offense. The facts of your case will determine the defense strategy in your gun case. If you are caught with an unlicensed handgun—or even an Airsoft gun—you will likely face between five and ten years in prison if convicted. Every case we work on is unique, so we will tailor our weapons charges defense strategy to the circumstances of your case. An experienced criminal defense attorney who understands the nuances of the Graves Act can help you make your case. One mistake like that can mean three years in jail.

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Was there a high capacity magazine (increased danger to the public). A Pre-Trial Intervention (PTI) is a special program that a person with no prior convictions can apply for in order to avoid a trial and conviction. Contact Our NJ Law Offices About Your Handgun or Weapons Charges. Your Dedicated & Trusted Legal Team. Call the law offices of Joseph D. Rotella to discuss your case and options in a free consultation. The consultation is free and our attorneys are prepared to assist you with your case and gun charge questions anytime. Weapons Charges Defense Attorney in New Jersey. If you have been convicted of certain indicatable offenses or a disorderly persons domestic violence offense (some not all) you could face a certain persons charge and be looking at an addition 5 to 10 years. This is due to what is known as the Graves Act, which requires a person who is convicted of a weapons offense to serve a lengthy sentence. Challenging motor vehicle stops and illegal searches. Possession is a fourth-degree crime with a potential sentence of 18 months in prison. Another step your experienced Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC lawyer can do is to apply for a Graves Act Waiver.

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In the state of New Jersey, gun possession crimes are treated harshly by the state, and these crimes are treated differently depending on the circumstances of the event. This means that instead of probation and a possible three to five years in jail, it is now five to 10 years in jail. By agreeing and complying with the conditions of your PTI, you can achieve a gun charge dismissal. However, under certain conditions possession of a firearm could become illegal. The unlawful possession or use of a weapon in New Jersey could result in a criminal charge. N. 2C: 39:4-1, Possession of a Weapon while in Possession of a Controlled Dangerous Substance. New Jersey trial courts have a crowded criminal docket. Similar to the unlawful possession of assault rifles, an individual found with unlawful possession of a handgun will be charged with a crime of the second degree and face between five and ten years in New Jersey state prison. Anyone caught carrying or handling a shotgun, handgun, assault rifle, machine gun, or firearm without the proper permit may be charged with unlawful possession. The defense approach to weapons charges varies depending on the circumstances, but due to the seriousness of the charge, a defense attorney must explore any and all avenues to fight the charges. All sides need to be heard. The State does get the benefit of certain rebuttable presumptions as to the owner or driver of the vehicle, but these presumptions can be challenged. With the FID, you may have a legal firearm within your home or place of business that you own. Unless you are a retired law enforcement officer or can show that you need to carry the gun because you justifiably fear for your safety, it is unlikely that you can obtain a permit to legally carry your gun.

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24/7 availability to respond to your need for legal representation. Gun Possession – Who is Prohibited? When my client came to me, he thought we would have to plead out. The extent of injury inflicted on the victim. Led by a former Burlington County prosecutor, our handgun possession defense lawyers know how the prosecution thinks when building a case against you. By becoming a second-degree offense, a possession of a weapon charge in New Jersey is now a Graves Act offense. It is illegal to own or possess a firearm in New Jersey without the appropriate license or permit. After a thorough analysis of the facts and circumstances, New Jersey weapons defense lawyer William Fay can determine the best course of action to combat the charges you are facing and the viability of getting your gun case dismissed through PTI or an alternative defense option. The defendant has no prior criminal history. Federal weapons convictions ordinarily carry prison sentences upon conviction.

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In addition, a person cannot have more than three disorderly persons offenses on their record as well. Adam H. Rosenblum "Weapon Possession Charges in New Jersey – N. 2C:39-5". Once hired, he was truthful at all times at what my son was up against. What Is Considered a Weapon in New Jersey? Violation of this law is a third-degree indictable offense.

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For example, maybe you are an out-of-state resident that came into New Jersey without proper understanding of New Jersey's gun laws or maybe you thought you properly transported your legally owned firearm into New Jersey but stored it in the wrong area of your vehicle. How to beat a gun charge #5. If you are successful in arguing this defense, the prosecution may have to drop the charges against you. NJ legislators are constantly passing new laws that impose more severe penalties for weapons offenses. The State does this because they know at trial it may be difficult to convince a jury beyond a reasonable doubt that one person or all possessed the weapon. Specifically, the statute applies to the following crimes: - Sawed Off Shotgun Possession – N. 2C:39-3(b).

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According to 2C:58-6. But there are also many exceptions to this rule including a Graves Act Waiver in some instances. 3000 or fill out the form below….

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These charges can be somewhat difficult for the prosecution to prove since they will have to rely on circumstantial evidence to show that you intended to use the gun for some subsequent crime. So he decided to make a change and work to protect the rights of the accused instead. You are facing a mandatory minimum of three years in jail. This means that the defendant must serve one year in prison before becoming eligible for parole instead of 3. Sexual Assault, N. 2C:14-2(a). The Graves Act mandates that people convicted on these weapons charges serve a minimum of one-half of the sentence imposed by the court or 42 months, whichever is greater, before being eligible for parole.

Contact a Netcong Graves Act Gun Possession Lawyer for a Free Consultation. Some of the penalties can be severe, so it's a good idea to work with an attorney knowledgeable about criminal law in Monmouth County, NJ, and the surrounding areas. Strict liability for drug-induced deaths. The severity of this charge depends on other factors. Here are some real NJ gun cases that were successfully handled by the NJ gun charge attorneys at the Tormey Law Firm LLC: - Essex County NJ Gun Charges Result in Probationary Sentence. The statement of compelling reasons and the mitigating package that we previously described are virtually the same thing. Read more about the Graves Act here.

The history of the accused person and the facts of the case will determine the strategy used to produce the most effective defense. 2, a defendant may apply for a waiver of an otherwise mandatory minimum sentence imposed by the Graves Act.

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