If you find yourself in a situation where you or a loved one have been charged with a "Graves Act" offense, a conviction may result in a mandatory period of parole ineligibility. Other Gun Related Pages. First offense gun charge in new jersey supreme court. 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. 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. If you are facing a charge of illegal firearm possession in New Jersey, the potential consequences can be severe.
Even without any prior criminal record, you could be facing between 5 and 10 years in prison. If an individual does not have a permit as required by this New Jersey statute, and has in his or her possession a handgun, the individual will be guilty of a crime of the second degree. That means carrying your gun into New Jersey is a criminal offense. The possession of firearms by juveniles is illegal under a separate statute (2C:58-6. First offense gun charge in new jersey form. However, a knowledgeable gun crime defense lawyer may be able to persuasively argue that these circumstances exist in your case. We offer a free consultation on all gun charge cases, give us a call or fill out the form below now! 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. Common Defenses Against Weapons Charges. A single firearms offense carries a penalty of a minimum of five years in a state prison, with a maximum of 10 years. Regardless of what occurred before or during your arrest or indictment for weapons charges, the courts of New Jersey must grant you the presumption of innocence until a court determines guilt beyond a reasonable doubt. Led by a former Burlington County prosecutor, our handgun possession defense lawyers know how the prosecution thinks when building a case against you.
This includes anyone who has ever been committed to a mental institution and people convicted of violent crimes, including people with domestic violence convictions. However, in first offense gun charges, The Graves Act causes the penalties to be quite steep. Also, some semiautomatic firearms are altogether banned by the state. New Jersey's Graves Act mandates the imposition of a minimum term of imprisonment before a defendant may be eligible for parole for certain weapons offenses. We Can Help, Tell Us What Happened. If you do not know how to transport firearms in New Jersey and are found transporting them improperly, you may also be charged with unlawful possession of a weapon. If the state or federal government is unable to establish this beyond a reasonable doubt, the individual will not be convicted of the assault weapons offense. The failure to abide by years-long requirements can result in immediate imposition of full sentences as if the defendant had been found guilty of all charges. First offense gun charge in new jersey. In the state of New Jersey, gun possession crimes are treated harshly by the state, and these crimes are treated differently depending on the circumstances of the event. Our attorneys include former prosecutors who can spot weaknesses in the prosecution's case. Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices. The consultation is free and our attorneys are prepared to assist you with your case and gun charge questions anytime.
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. The severity of this charge depends on other factors. In fact, our attorneys have successfully handled multiple unlawful possession of weapons cases in many counties throughout New Jersey. Possession of a Weapon During the Commission of a Crime. New Jersey Gun Defense. Any person who is dependent on drugs. Certain Persons Offenses – Info about "certain persons to not own firearms" offenses. Pre-Trial Intervention for Unlawful Gun Possession in NJ. After submission of the mitigating package in support of a Graves Act waiver, the prosecutor will speak to their supervisors and try and get approval for a plea offer.
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. Disarming a Law Enforcement Officer. From there, we use the facts of your case coupled with case law to prove that your case should be resolved through PTI. 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. Compelling Reasons in Support of a Graves Act waiver. Steven W. Hernandez will provide you with an aggressive representation to mitigate, or possibly eliminate, the penalties associated with your charges. Call us today at 732-2876-2700 today! First Offense Gun Charge Lawyers New Jersey | 1st Time Offender Gun Crime NJ. However, possession may not be illegal if you qualify for an exemption under N. 2C:35-6. NJ legislators are constantly passing new laws that impose more severe penalties for weapons offenses. For more information about changes in New Jersey gun laws, seek the help of an experienced criminal defense attorney at the law offices of Joseph D. Rotella. We have also handled similar gun charge cases, such as possession for unlawful purposes. Facing Charges For Unlawful Possession of a Handgun? 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. This is due to what is known as the Graves Act, which requires a person who is convicted of a weapons offense to serve a lengthy sentence.
Many individuals also forget the prosecutor must prove, beyond any reasonable doubt, a defendant violated the law. Transporting a gun to the range. Third-degree crimes are punishable by three to five years in prison. The Law Offices of Jonathan F. Marshall has one of the largest and most seasoned criminal defense teams in New Jersey.
2, a defendant may apply for a waiver of an otherwise mandatory minimum sentence imposed by the Graves Act. Be mindful that this penalty range is for first time offenders. New Jersey has some of the harshest penalties for weapons offenses in the United States. Possession of a Destructive Device NJ – Laws on destructive devices in NJ. Let's say that you are recommended into PTI from the Prosecutor and Probation. Possession of a Weapon or Firearm at an Educational Institution. A Brief Rundown of the Penalties for a Gun Charge in NJ. Our attorneys will work to make sure all the facts are known and your account of what occurred receives a fair hearing. Within New Jersey, if you are carrying a gun, it is almost always a second-degree crime even if it would be perfectly legal in your home state. For example, if you are an out-of-state defendant, we ask for copies of an itinerary or hotel invoice showing where and why you were in New Jersey. To learn more about how we can help, call our office today. Gun Charges In NJ – A video on gun charges in NJ. Unlawful use of imitation firearms. 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. To find a legal advisor you can rely on, contact a New Jersey gun possession attorney of The Law Office of Jason A. Volet at (732) 863-5050 today.
Was your arrest or interrogation unconstitutional? If you have been charged in New Jersey with illegal possession of a gun there is no time to waste. Defending a New Jersey Firearms Weapons Possession Charge. 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. Also, you can try and gain admission into the Pre-Trial Intervention (PTI) program.
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