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First Offense Gun Charge In New Jersey

Possession of a Sawed-Off Shotgun. NJ Gun Laws – A comprehensive breakdown of gun laws in New Jersey. For example, it is illegal to own a sawed-off shotgun or any gun with the serial number removed. A paintball gun can clearly be possessed for appropriate use, but when it is used inappropriately it falls into the category of "circumstances not manifestly appropriate for lawful use. " Rosenblum Law Firm, May 21, 2012. First offense gun charge in new jersey county. Have you been arrested and charged with a first time gun offense in New Jersey and you have no prior record? However, under certain conditions possession of a firearm could become illegal.

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Anyone on the terrorist watchlist. The battle-tested criminal defense team at the Tormey Law Firm has successfully handled thousands of cases in Morris County and throughout New Jersey, in Superior Court and Municipal Court. Hire a seasoned criminal defense lawyer who will fight for your rights. 2C:39-5 defines unlawful weapon possession, and you can be penalized if the prosecution proves that you violated this law. NJ Gun & Weapon Offense Lawyers | Gun Charge Attorney in New Jersey. There are a few defenses available in a weapons possession case. How To Beat Weapon Possession Charges. From there, we use the facts of your case coupled with case law to prove that your case should be resolved through PTI. First Offense Gun Charges – Information about what happens on a first offense gun charge.

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Instead, as established in State v. Nwobu, 652 A. It is possible for a skilled criminal defense lawyer to get a waiver of the Graves Act penalties. Sawed-off shotgun: Possessing it is a third-degree offense in New Jersey. First offense gun charge in new jersey car. In many cases, the discovery of the gun is the result of a motor vehicle search. New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms. Notably, these outcomes all require the expertise of a skilled defense lawyer with experience working with the prosecutor. If you are accused of illegally possessing a gun or another weapon, it's important to proceed carefully.

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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. Or they may mistakenly think that they have taken all the proper precautions to carry the weapon legally. Contact a Netcong Graves Act Gun Possession Lawyer for a Free Consultation. As mentioned above, the New Jersey firearms laws are incredibly complex, and you can be charged with a crime even if you didn't realize you were doing anything wrong. Possession of Firearms | New Jersey | Steven Hernandez. The harsh penalties of the Graves Act apply even to first-time offenders. G. in a car with other people besides the defendant—then it is not immediately clear who the weapon belongs to, and this can be used to one's advantage legally.

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It is also illegal to own a silencer under New Jersey law. 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. Thus, if you possess a BB gun unlawfully, without an FID, or use it unlawfully, you can be charged with unlawful possession of a firearm or possession of a weapon for unlawful purposes. South Jersey Lawyers for Unlawful Possession of a Handgun. Next, we obtain items from you to prove your credibility. Unlawful possession of a handgun charges are difficult, but not impossible, to defend.

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Juvenile in possession of a weapon. Active and retired armed service members charged with a nonviolent crime may enter diversion if they have been diagnosed with a mental illness or if law enforcement, family members, or friends testify that they have exhibited symptoms of mental illness. Contact a Firearms Defense Lawyer and Reduce Your Charges. Furthermore, due to the court's deferential standard, defendants are seldom admitted into PTI by the presiding judge over a Prosecutor's objection. What's even worse is that the presumption of incarceration for a second degree crime means you are presumed to get prison time even with no prior criminal record. You can be charged with a crime simply for possessing a firearm even if you weren't doing anything wrong. First offense gun charge in new jersey rules. 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. 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. Notably, law enforcement and other select parties can still access the record moving forward. One defense is to challenge an illegal search and seizure.

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As mentioned above, this applies to persons who are found in possession of a weapon under circumstances for which such an item is not manifestly appropriate. Additionally, even in those cases where the prosecution's proofs are so strong that it would not be in a client's best interest to take his or her case to trial and risk facing the maximum punishment prescribed by law, the experienced criminal defense attorneys at Hoffman DiMuzio are frequently successful at getting the charges reduced while also helping clients avoid prison time. For example, a second-degree charge of unlawful possession comes with a sentence of 5 to 10 years in prison. Most firearms charges in New Jersey are second-degree crimes, punishable by 5 to 10 years in prison. Although judges do have discretion in assigning punishment within these sentencing guidelines, unlawful possession of a handgun charges are different. Possession of a Firearm While Committing a Crime. Likewise, there are instances when gun charges are coupled with "Certain Persons" offenses punishable under N. 2C:39-7. The illegal possession of certain bullets can get you in very serious trouble in New Jersey. Call us today at 732-2876-2700 today! Certified criminal trial attorneys, indicating specialized training in criminal law litigation. Unlike other states, New Jersey rarely issues gun carry permits. If an individual does not have a criminal record, he or she may qualify for alternative sentencing, such as the Pre-Trial Intervention program (PTI). Certain weapons are wholly outlawed in New Jersey, meaning there is no legal way to possess them. An arrest is the beginning of a legal process that does not have to end in a guilty verdict.

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NOTE: This is a crucial distinction between "flat time" and a period of parole ineligibility. A person convicted of a weapons offense under the Graves Act must be sentenced to a term of imprisonment with a minimum term of parole ineligibility fixed at one-third to one-half of the sentence imposed, or three years, whichever is greater. Even worse, when it comes to weapons offenses is New Jersey, there is a presumption of ineligibility. The Graves Act, codified under N. 2C:43-6, governs certain weapons and firearms offenses in New Jersey. There is no room for discretion by a judge. If the individual is able to complete all of the requirements and stay out of trouble, the individual will have his or her case dismissed at the end of the probationary period. BB gun charges NJ Defense lawyers. 2) requires that defendants sentenced to prison for certain violent crimes serve 85% of the prison term before becoming eligible for parole. Stun gun charges Newark NJ Result in No Criminal Record.

Any of these penalties can be increased if the individual has a prior criminal record. Again, however, a skilled criminal defense attorney can make the argument that you should be sentenced to probation if you have no prior criminal record and the firearm posed no threat to public safety. Working with an expert New Jersey criminal defense lawyer is necessary to give your case the best outcomes. Transporting a gun to the range. 1) from the one governing adults in NJ. Begin our investigation into the weapons charges against you, including obtaining statements from you and other witnesses and reviewing police reports and other evidence connected to the case. Challenge the facts of the case (i. e. conduct was not per se illegal). Typically in New Jersey, gun charges are treated with a certain degree of leniency; the penalties are almost always less than in subsequent penalties. We are prepared to use our extensive experience and knowledge of the law to achieve the best possible result for you. Its possession is punished as a fourth-degree crime. Even if you are legally allowed to own a gun, you can commit a crime by using your weapon in illegal ways, such as using it for intimidation or property damage. This is where one buys, owns, or carries a weapon because they intend to commit a crime. Parole Ineligibility Under New Jersey's No Early Release Act. The extended sentence must include ineligibility for parole set for one third to one half of the extended sentence, or 5 years, whichever is greater.

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. Perhaps you lawfully acquired the firearm in another state and were simply traveling through New Jersey. Federal weapons convictions ordinarily carry prison sentences upon conviction. An experienced Toms River weapon possession attorney can defend the minor, save them from conviction, or help expunge their criminal record. Weapons Charges Defense Attorney in New Jersey. The New Jersey attorneys of the Law Offices of Jonathan F. Marshall can provide you with a strategic and effective defense against mandatory punishment available under weapons charges filed in New Jersey. If used during the course of a robbery, kidnapping, assault, or other serious violation, then you are subject to the No Early Release Act, where you must serve 85% of your sentence.

July 6, 2024, 5:37 am