Our attorneys are respected and are able to negotiate deals for our clients because they have built working professional relationships with prosecutors in counties across New Jersey over decades of legal practice. Let Our Experienced New Jersey Weapons Charges Defense Attorney Help You. New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms. The standard timeframe is usually from 12-36 months. BB Gun Charges – BB Gun Laws in New Jersey. In addition to facing 5-10 years in state prison, The Graves act stipulates that at least 3 years of this sentence be served before you are eligible for parole. Our lead attorney has been recognized as one of the top lawyers in New Jersey by South Jersey Magazine. Charges and penalties for basic weapons offenses (not including charges for assault, robbery, etc., with a deadly weapon) include: - Second-degree offense: 5 to 10 years in prison and a fine of up to $150, 000. 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.
Possession of a Sawed-Off Shotgun. These limitations prevent anyone in the state of New Jersey from owning or operating a weapon with a clip capacity over 15 rounds. The accused must have had knowledge of the nature and character of the instrument (i. e. what it was and how it could be used). Schedule a free consultation today to discuss how we will stand strong for you. 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. Possession of a firearm or imitation firearm at a school. We Have Some of the Best Weapons Charges Lawyers in New Jersey. Since NJ prosecutors take gun charges very seriously, they are reluctant to agree to a probationary sentence in these cases. The first step to obtaining a firearm is to apply for and be granted a Firearms Identification Card (FID). 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.
Who Should I Contact? Due to the seriousness of a weapons charge in New Jersey, a person urgently needs an attorney to help build an effective defense. Rosenblum Law Firm, MLA. Depending on the circumstances, possession of a weapon for an unlawful purpose could be considered a second, third or fourth degree offense. Fortunately, if it is your first offense, it may be possible to secure entrance into the Pre-Trial Intervention Program in lieu of any imprisonment. New Jersey takes a harsh stance against first offense weapons charges. If you are convicted of a Graves Act offense, that means a mandatory minimum of three years in New Jersey state Charges Defense Attorney in New Jersey With 33 years Experience.
Cestis (and other leather bands studded with metal filings or razor blades imbedded in wood). One common strategy is to examine the circumstances of the search and seizure. It is not unusual to find that police did not have all of the facts at the time of an arrest or indictment. New Jersey Firearms Defense Lawyer, Steven W. Hernandez. If an individual fails to properly comply with the law, they may be charged with second degree unlawful possession of a handgun and could face the above described penalties. New Jersey law defines weapons as "anything readily capable of lethal use or of inflicting serious bodily injury. "
Possession of a Firearm While in the Course of Committing a Drug Distribution or Possession with Intent to Distribute Offense. We Can Help, Tell Us What Happened. It also imposes parole supervision for 5 years after release from prison for a first-degree crime and 3 years for a second-degree crime. This requires an average of 1 to 3 years under court-supervised probation, which includes regularly appearing before a judge for status updates. Written By:Adam H. Rosenblum. Sawed-off shotgun: Possessing it is a third-degree offense in New Jersey. A third degree criminal conviction can subject a person to between three and five years in a New Jersey state prison, a period of probation, fines and or community service.
We challenged everything. In legal terms, the person who has constructive possession of a weapon has agency and ownership of the object. The categories include: Defaced firearms: Apart from antique firearms, any firearm that can be altered in any way is prohibited. Notably, law enforcement and other select parties can still access the record moving forward. In order to obtain a Graves Act Waiver, the Prosecutor must agree to file a motion with the Assignment Judge. Identify holes in the prosecution's case, such as: - Illegal search and seizure. 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. Please feel free to contact our office with any questions. 2, a defendant may apply for a waiver of an otherwise mandatory minimum sentence imposed by the Graves Act. Gun offenses are escalated when drugs and CDS crimes are involved. Practically speaking, if you are convicted of a second degree crime in New Jersey, the judge will sentence you to a period of imprisonment between five (5) and ten (10) years. Even without any prior criminal record, you could be facing between 5 and 10 years in prison. We'll schedule your consultation and meet at the office nearest you. Mandatory Minimum Term of Imprisonment for NJ Graves Act Offenses.
When facing serious jail time for unlawful possession of a handgun, not just any lawyer will work. If they're sentenced to a longer prison term, then they have to serve at least half of their term or 42 months, whichever is longer, before becoming eligible for parole. Meeting with a lawyer experienced in gun and weapon charges here in South Jersey is easy with our six convenient locations. Third-degree crimes are punishable by three to five years in prison. Those statements regarding the gun and ownership will only hurt you. He got charges reduced and fines lessened. There are various defenses to handgun possession cases. For example, it is illegal to own a sawed-off shotgun or any gun with the serial number removed. There are laws that protect the rights of United States citizens to possess firearms for hunting and home defense. Common Defenses Against Weapons Charges. This knowledge of the prosecution's tactics gives us valuable insight into how they will handle the case. The harsh penalties of the Graves Act apply even to first-time offenders.
The state is seriously prosecuting what is most often a minor error in interpretation of gun laws. A downgrade or dismissal of your weapons possession charge can save you from the severe consequences of a weapons possession charge. New Jersey Graves Act Weapons Offenses. Speak To A New Jersey Firearm Lawyer Near You.
We represent clients throughout NJ including in Linden, Bayonne, Union Twp., and Jersey City. However, a knowledgeable gun crime defense lawyer may be able to persuasively argue that these circumstances exist in your case. Third-degree charges apply in cases involving BB guns or other types of "guns" that don't actually shoot real bullets, yet have the capacity to cause injury. 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.
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