If you are charged with a crime involving a weapon in New Jersey, you may be exposed to sentencing under the Graves Act. Was the weapon planted? He knows what arguments to make and will aggressively defend you in order to protect your rights and hedule Your Free Initial Consultation - Newark Unlawful Possession of a Weapon Lawyer. This takes lots of preparation and information gathering to make sure that the waiver application submitted to the State includes the right information. Possession of Firearms | New Jersey | Steven Hernandez. In total, Jason has argued more than 2, 000 cases in his career, and he now uses his insider perspective of how prosecution works to build smart defense strategies for clients. Have you been arrested and charged with a first time gun offense in New Jersey and you have no prior record? The Graves Act Waiver can come in two forms: (1) request for a probationary sentence (this could include Pretrial Intervention); or (2) reduction of the mandatory minimum term of imprisonment (parole ineligibility) to one (1) year. New Jersey's strict gun laws can ruin your life if convicted. There is no room for misunderstandings or mistakes. Now, they use that experience to provide our clients with the best possible service when tackling these serious firearms offenses including first offense gun cases in NJ. Brass or Metal Knuckles.
Recent amendments to the Graves Act have broadened its scope. If you are in possession of a firearm while committing another crime, you could be charged with a separate offense just for having a gun. An experienced weapons charges attorney will balance applicable mitigating circumstances against aggravating factors applicable to the offense and the offender and zealously advocate for their client. As you can see, it is very easy to find yourself facing criminal charges related to the ownership or possession of a firearm in New Jersey. First offense gun charge in new jersey 2017. One mistake like that can mean three years in jail. 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. Philly DUI lawyer may promise a potential client results because they know they can get them into a program to avoid a conviction. 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. Despite whether Probation recommends or rejects you, it is not the end of the world.
If your case must go to trial, our legal team will use the evidence gathered in our investigation as well as our extensive litigation experience to give you a strong defense that mitigates the impact of any evidence against you. Convicts can be sentenced to between 5 and 10 years. Weapon Possession Charges in New Jersey – N.J.S.A. 2C:39-5. There is one exception to the indictable offense limitation: multiple indictable convictions can be expunged if they were part of a single judgement or were committed as part of a sequence of events in a short period of time. 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.
If other people were present where the weapon was found – for example, a car with several people – the charges could be challenged on the grounds of constructive possession. It has been amended to apply to conviction on charges of: - Unlawful Possession of a Machine Gun, Handgun, Rifle or Shotgun. First Offense Gun Charge Lawyers New Jersey | 1st Time Offender Gun Crime NJ. New Jersey Graves Act Weapons Offenses. New Jersey also prohibits certain people from owning guns. Mandatory Minimum Jail Time for Unlawful Possession of a Handgun Conviction in Camden County, NJ.
E-mail or call Rosenblum Law today at 888-815-3649. Other weapons: If you possess a deadly weapon in New Jersey; a slingshot, sand club, metal knuckle, blackjack, billy, stiletto, dirk, dagger, switchblade knife, gravity knife, ballistic knife, cestus, razor blades embedded in wood, or leather band studded with metal filings – you can be charged with a fourth-degree crime. Been convicted of a distribution offense. An expungement erases the case having happened when an interested party runs a background check. If you or someone you know is facing any of the following charges, or any other criminal charges, don't go it alone. If you're facing gun charges, contact Wimmer Criminal Defense Law today by calling 215-712-1212 or by filling out our online contact form to schedule a free consultation. First, there is a $75 application fee and, to reiterate, for first or second degree charges, the Prosecutor must consent for the Probation department to consider your application. We begin preparing the mitigating package by speaking with our client and learning more about the client's version of the case facts compared to what we have in the discovery package provided to us. New Jersey's No Early Release Act (NERA) statute (N. 2C:43-7. Possession of a Weapon for an Unlawful Purpose, such as Robbery or Assault. First offense gun charge in new jersey today. Paperwork of legal purchase of the weapon. Click here to read more about our disclaimer and our fees and services. When facing serious jail time for unlawful possession of a handgun, not just any lawyer will work.
2C:43-6(c), requires the imposition of a minimum term of imprisonment and parole ineligibility for certain firearm offenses. If you are convicted of a Graves Act offense after a prior conviction for certain firearms offenses, the court must impose a mandatory extended term of imprisonment. We will schedule a consultation at the office location that is nearest you. Possession in the law is a malleable concept. Develop a smart and strategic defense to present in court if necessary. These programs are also great for offenders who are not looking to fight their case in…. All persons prohibited from owning a firearm are also prohibited from owning and having possession of ammunition. The FID will allow you to obtain rifles and shotguns without an additional gun permit and to obtain a handgun with an additional permit. First offense gun charge in new jersey. Waiver or Reduction of Sentence. Possession of a gun without a license or permit.
Under the law, any person who knowingly has in his or her possession a machine gun or assault rifle, is guilty of a criminal offense of the second degree. Mandatory Weapons Charge Sentencing Under New Jersey's Graves Act. 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. For instance, a person who is not a resident of New Jersey who obtained a permit to carry a firearm in another State may be eligible for a diversionary program, even though that permit is largely inapplicable in New Jersey. Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices. 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. In New Jersey, N. J. S. A. The harsh penalties of the Graves Act apply even to first-time offenders. Transporting a gun to the range. There are five basic categories of prohibited weapons: - Destructive (i. explosive) devices.
If you are recommended into PTI, there are usually a specified number of months that you will be required to remain in PTI. Let Our Experienced New Jersey Weapons Charges Defense Attorney Help You. Hudson County NJ gun charge dismissed on illegal search. During the course of the arrest, he was found to be in possession of 2nd degree weight of heroin and a handgun. Unlawful Possession. Prosecutors will often make a deal to avoid a trial if the defendant is facing a first charge, no one was harmed, and no significant property damage occurred. Depending on the circumstances, possession of a weapon for an unlawful purpose could be considered a second, third or fourth degree offense. Handgun Possession Charge Penalties in NJ. Here are the various forms of this crime and their punishment: A second-degree crime of possession for an unlawful purpose: It involves using explosives like fireworks or guns in another person's property.
Call us today at 215-712-1212 or contact us online to schedule a free consultation to discuss your charges. Many times people will have legally purchased a gun with a valid permit but then were completely unaware they illegally possessed a gun by transporting it in a glove compartment -- loaded -- instead of in the truck. According to a federal ban, all automatic weapons are banned from private ownership in the United States, with few exceptions. 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. Possession of a Defaced Firearm – N. 2C:39-3(d). Possession of a firearm—including handguns, rifles, shotguns, machine guns, and assault weapons—without a permit is a third-degree crime, punishable by 3 to 5 years in prison. Strict rules apply if you even want to take your handgun to the shooting range. New Jersey trial courts have a crowded criminal docket.
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. If you are convicted, that is it. Billies, blackjacks, bludgeons, sandclubs, and razor blades imbedded in wood. Constructive possession means that you were in a situation that you didn't actually have the gun on you but knew or should have known of its location.
The firm's managing partner, Travis J. Tormey, has been cited as a legal authority in various areas by AOL, the Asbury Park Press, and the Bergen Record. H ere are some strategies: If the police entered your home to search and seize the weapon without a warrant, the evidence could be invalid.
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