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Likewise, there are instances when gun charges are coupled with "Certain Persons" offenses punishable under N. 2C:39-7. Whether there are others who are responsible for the firearm? Instead, it is a case-by-case analysis of how the factors above, along with those more common aggravating and mitigating factors found under N. 2C:44-1, which apply to your case cumulatively. During the course of the arrest, he was found to be in possession of 2nd degree weight of heroin and a handgun. The purpose of a mitigating package is to highlight the defendant's positive attributes. BB Gun Charges – BB Gun Laws in New Jersey. The application itself is two pages and has specific requirements to submit it. If you face weapons charges in New Jersey, you'll need experienced legal representation to minimize your exposure to significant prison time and the potentially heavy fines that are often handed down upon conviction. To help ensure your rights and future are protected, allow a firearms lawyer from our firm to fight for you. Leading Criminal Defense Lawyers Fight for Clients Charged with Unlawful Possession of a Handgun in Camden County, Burlington County and Throughout New Jersey. Possession of a Firearm for an Unlawful Purpose – N. 2C:39-4(a).
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. If you are charged with a gun-related offense in New Jersey, one of the major laws that will dictate your sentence is the Graves Act. Possession of a Firearm in a Motor Vehicle. Contact our offices anytime for a free initial consultation at (201)-614-2474. I have gone on to recommend Travis to 2 other friends who have been just as happy with him. " The exact strategy will depend on the facts of the case and the history of the individual charged. The term "gun crime" evokes images of a masked man pointing a gun at a convenience store clerk, but even a hardworking, young mother can be charged with a gun crime for simply not understanding New Jersey's tough laws. There is no mathematical formula that you or your attorney can use to determine, at least with any certainty, whether or not the facts of your case will result in PTI approval.
Our attorneys are aggressive criminal defense lawyers who have handled unlawful possession of weapons cases throughout the state of New Jersey. This is the case with allegations of drug distribution and possession of a handgun during the commission of a CDS offense under N. 39:4. You did not have a permit. What kind of gun was it (assault rifle? If you have previously been convicted of a "Graves Act Offense, " you are subject to a term of imprisonment of at least five years, during which time you would not be eligible for parole.
According to 2C:58-6. Weapons Charges and Penalties Under NJ Law. However, it's important to emphasize that mere ownership of the firearm is a chargeable offense if law enforcement believed that you planned to use the gun in the commission of a crime. Potential Consequences of a Firearms Conviction. However, gun crimes in New Jersey are subject to the 'Graves Act' which enforces a three year period of parole ineligibility. So he decided to make a change and work to protect the rights of the accused instead. Several of our attorneys are former prosecutors. If you are caught in possession of a handgun, rifle or the like, without the lawful permits or caught driving without your lawful weapon properly secured, then you will be charged with unlawful possession of a handgun, in violation of N. J. S. A. Convicted felon in possession of a firearm. Develop a smart and strategic defense to present in court if necessary. This requires great skill and knowledge of this specific area of law.
You are facing a mandatory minimum of three years in jail. A weapons offense can be expunged in New Jersey if the person is otherwise eligible. Fourth-degree charges, punishable by up to eighteen (18) months in New Jersey State Prison can be issued wherein a person knowingly and illegally possesses a weapon such as a: - Stun gun. 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. 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.
New Jersey is known for its strict gun laws. Notably, weapons possession cases where a minor is involved take place in Family Courts in New Jersey. 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. Graves Act Weapons Law in New Jersey: N. J. S. A. Firearm Possession Charges In New Jersey & The Graves Act. Believe it or not, a great many things could fall into this category, including a person's fists. 1, it is illegal for minors to use, carry, possess, or acquire a weapon. Any failure to comply with these restrictions or adhere to weapons safety regulations may lead to serious criminal charges. Specifically, the statute applies to the following crimes: - Sawed Off Shotgun Possession – N. 2C:39-3(b). If you are charged with a crime involving a weapon in New Jersey, you may be exposed to sentencing under the Graves Act. Booby traps in manufacturing or distributing facilities.
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. The program provides behavioral health and addiction counseling. A conviction can land you up to 18 months in prison. 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. Kidnapping, N. 2C:13-1. Contact us today to schedule a free consultation and get started building your defense.
We can defend your constitutional rights, fight to keep you out of jail, and do what we can to have your weapons charges dismissed. If you are convicted of a firearm offense that falls under the Graves Act, the court must impose a sentence of imprisonment with a minimum term of parole ineligibility. Those convicted of fourth-degree crimes may only have to serve 18 months, while more serious charges may come with mandatory five- to ten-year sentences. Possession of a Weapon or Firearm During Commission of a Drug Offense.
Experience working in the prosecution's office means that we not only understand the basic laws and defenses—we know how the prosecutor thinks. The circumstances surrounding such cases are often complex. How To Beat A Gun Charge. Possession in the law is a malleable concept. Parole ineligibility is to be imposed for one third to one half of the full sentence, or 3 years, whichever is greater. Weapons charges may be dismissed upon successful completion of a probationary program. 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. In addition, you will be subject to a minimum time in confinement without parole eligibility. Call us today or fill out this online contact form to learn more.
Expunge Weapon Possession Charges.