Philly DUI lawyer may promise a potential client results because they know they can get them into a program to avoid a conviction. Here is a review from one of the many satisfied clients of the Tormey Law Firm LLC: "I was extremely happy with the performance, support and professionalism of Travis Tormey in my son's recent court case. A single firearms offense carries a penalty of a minimum of five years in a state prison, with a maximum of 10 years. In many cases we have successfully negotiated a Graves Act Waiver and used equitable circumstances to convince the State and the Court that the defendant should not go to jail even if he pleads guilty to a gun charge. Unlawful Possession of a Firearm in NJ | New Jersey Criminal Defense Lawyers. Enhanced Penalties Under the "Repeat Gun Offender" Statute. If you are charged with a crime involving a weapon in New Jersey, you may be exposed to sentencing under the Graves Act. Consequences for Juveniles.
Call or fill out our online form now to schedule a free case consultation. New Jersey enacted a strict gun law, called the Graves Act, partly because of the media attention given to shooting crimes and partly because of the danger posed by handguns generally. Firearm Possession Lawyers In New Jersey. It is a second-degree crime to use a gun, fireworks or other explosives on a person or property. This means that an individual who is sentenced to prison in the federal system will have to complete eighty five percent of their sentence before they are eligible for release. As a result, it's critical to have an experienced attorney on your side that knows how to defend against a firearms charge. The criminal defense attorneys at Hoffman DiMuzio have the knowledge and experience to defend those charged with the most serious of crimes, including weapons and firearms offenses. Possessing a paintball gun for the purpose of shooting it at a car would be an example of this.
You can be jailed for up to 18 months if you are convicted. Led by a former Burlington County prosecutor, our handgun possession defense lawyers know how the prosecution thinks when building a case against you. NOTE: This is a crucial distinction between "flat time" and a period of parole ineligibility. Additionally, we will include copies of your out-of-state gun permit, receipts related to the purchase of your firearm, proof of employment or school attendance, character letters and more. New Jersey also prohibits certain people from owning guns. Contact us today to schedule a free consultation and get started building your defense. The prosecution does not need to prove that you used the firearm or intended to use it – all they need to show is that the firearm was in your possession. 2, including as a juvenile. Defacement of a Firearm. Current new jersey gun laws. Now, the first thing to examine with regards to your case is the traffic stop (if applicable) and the search (of a motor vehicle or your home).
A fourth-degree crime of possession for an unlawful purpose: Using a replica gun or a toy gun is punishable by 18 months in jail. We Can Help, Tell Us What Happened. First offense gun charge in new jersey car. New Jersey's broad definition of weapons means that some people don't even realize the item they were carrying could be considered a weapon. Further, if you fail to obtain a permit when you purchase the gun (or when the gun is given to you), unlawful possession charges will apply.
The FID will allow you to obtain rifles and shotguns without an additional gun permit and to obtain a handgun with an additional permit. If you do not properly store your firearm, or you take the handgun out into the public without the proper licensing, then you can be charged with unlawful Possession of a Firearm, in violation of N. S., 2C:39-5(b), which is a second-degree crime and punishable by 5 to 10 years in prison. New Jersey is known for its strict gun laws. In addition, our managing partner, Travis J. Tormey, was recently recognized as one of the top 10 criminal lawyers in the State of NJ and has received the AVVO clients choice award four years in a row. 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. These offenses include: - Robbery, N. 2C:15-1. You should never make any admissions to the police when you are questioned. Homicide, N. 2C:11-3. Its possession is punished as a fourth-degree crime. Possession of Firearms | New Jersey | Steven Hernandez. Aggravated Assault, N. 2C:12-1(b).
If you are convicted, that is it. Defending a New Jersey Firearms Weapons Possession Charge. 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. 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. First offense gun charge in new jersey today. Mandatory Weapons Charge Sentencing Under New Jersey's Graves Act. The Graves Act requires that the judge further impose a mandatory minimum period of incarceration of at least 42 months (three and 1/2 years), before you are eligible to be released on parole. Once hired, he was truthful at all times at what my son was up against. In addition, he was named one of the 10 best criminal lawyers in the State of New Jersey by the American Jurist Institute and he has a perfect 10.