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Mon, 08 Jul 2024 14:14:18 +0000The unlawful possession or use of a weapon in New Jersey could result in a criminal charge. The Graves Act also applies if the defendant is accused of committing or attempting to commit certain offenses while being in possession of an illegal firearm. 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. Basically, if you've been convicted for a gun charge, you will spend at least three years in prison. 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. Unlawful Possession of a Weapon, such as Gun Possession by a Convicted Felon or while on Probation or Parole. 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). All weapons-related crimes are indictable offenses (felonies). How to beat a gun charge #5. 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. If the Prosecutor's Office agrees that you are eligible for the program, your attorney can assist you with submitting a PTI application to the Court.
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Proof of travel plans to New Jersey (why were you here with the weapon in question). If the weapon was found in one's home, and the police entered without permission or a warrant, it may be possible to dismiss the charges. Any of these penalties can be increased if the individual has a prior criminal record. Many times a defense attorney must spend countless hours studying the police reports, body-worn camera footage, dashcam footage, and witness statements to discover the weaknesses or holes in the prosecutor's case. In one 2014 case that attracted a lot of media attention, a Philadelphia woman was charged when a loaded gun was found in her car after a routine traffic stop in New Jersey. Possible Defenses to a Firearms Charge. That means most people in New Jersey can only legally have their gun in their home. Respected Gun Charge Defense Lawyers Fight to Avoid Harsh Graves Act Penalties in Burlington County, NJ Unlawful Possession of a Handgun Cases. Contact Our NJ Law Offices About Your Handgun or Weapons Charges. When no one makes an ownership admission, the police will charge all the occupants as co-defendants. Possession of explosives or other destructive devices.
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In order to be convicted, the prosecution must prove that you owned the gun or the gun was in your possession. This charge means someone has purchased, owns or was carrying a weapon with the intention of committing a crime. Request a free consultation. New Jersey Gun Charge Penalties. Anyone who has ever had their firearm seized under the Prevention of Domestic Violence Act. For example, you could be convicted of possession of a firearm for unlawful purposes if the prosecution can prove that you had the gun to commit a robbery, even though no robbery was ever committed. 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. Possession of a Weapon During the Commission of a Crime. Inability to prove control of the weapon(s) allegedly seized upon your arrest. Adam H. Rosenblum (May 21, 2012). The consultation is free and our attorneys are prepared to assist you with your case and gun charge questions anytime. 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. 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.First Offense Gun Charge In New Jersey Lottery
Possession of a Weapon or Firearm at an Educational Institution. Working with an expert New Jersey criminal defense lawyer is necessary to give your case the best outcomes. Additionally, that individual will face a period of parole ineligibility. New Jersey does not recognize carry permits issued in other states. We'll schedule your consultation and meet at the office nearest you. Carry permit for another state. Challenge whether the officers lawfully obtained your consent to search your home or vehicle. This is true even if you actually live in a neighboring state and drive into New Jersey for work or any other reason with your gun. 2C:39-5 defines unlawful weapon possession, and you can be penalized if the prosecution proves that you violated this law.
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By becoming a second-degree offense, a possession of a weapon charge in New Jersey is now a Graves Act offense. 3000 or fill out the form below…. Metal knuckles, cestus, or similar leather bands studded with metal filings. Defending a New Jersey Firearms Weapons Possession Charge. Any person found with a knife that does not have a clearly lawful purpose can be charged with an indictable offense.
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Aggravated Sexual Contact, N. 2C:14-3(a). Our loyal New Jersey weapons defense lawyer is committed to serving people in Freehold, Marlboro, Middletown, Wall Township, Manalapan, Howell, Rumson, Red Bank, Ocean Township, Colts Neck, Holmdel, Asbury Park, and throughout Monmouth County. For example, if the weapon was not found on one's person—e. Contact the Law Offices of Jonathan F. Marshall as soon as you are able. The term of imprisonment will be fixed at, or between, 1/3 to 1/2 of a sentence imposed, or 3 years, whichever is greater (or 18 months in cases involving crimes of the fourth degree), and during this time, the person shall not be eligible for parole or Intensive Supervised Probation (ISP).
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Weapons charges in New Jersey typically refer to unlawful use or possession of a handgun, shotgun, assault rifle, knife, razor, or box cutter. 2C:39-5) related to unlawful possession of weapons, which are defined as anything "readily capable of lethal use or of inflicting serious bodily injury. " This may not be an option if they have documented records that you own the guy, but in many cases, possession is not always clear. Possession of a rifle or shotgun without the appropriate license is a common example of a third-degree firearms charge. Fourth-degree crimes are punishable by up to 18 months in prison.
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The facts of your case will determine the defense strategy in your gun case. The defendant has no prior criminal history. This means that upon conviction an individual will face between five and ten years in a New Jersey state prison. Anyone under 18 years of age for all firearms, and under 21 for a handgun. Not all cases need to go that far.
Hire an Experienced Weapons Charges Attorney. What are the penalties for firearm possession in NJ? How To Beat A Gun Charge. To set up a consultation, simply fill out the quick contact form below and a representative will reach out to you shortly. To schedule a free, confidential case consultation with a legal team that believes in you, contact us today. While often a judge or jury will decide whether the specific use of the weapon was appropriate, a person who possessed handcuffs because they were an actor in a play, for example, would not fall within this statute.
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