First Offense Gun Charge In New Jersey - Gas Gang Disposable Pen Safe For Kitchen

July 20, 2024, 7:35 pm

Weapons Charges and Penalties Under NJ Law. According to a federal ban, all automatic weapons are banned from private ownership in the United States, with few exceptions. It's a distinction achieved by less than 2% of licensed attorneys in New Jersey. Aggravated Assault, N. 2C:12-1(b). How to beat a gun charge #1: Challenging the "consent" of a search. After all motions are considered, plea negotiations can result. The most common defense is that the weapon was discovered in violation of your Fourth Amendment Right to be free from unreasonable searches and seizures, or that you were stopped and detained without cause.

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We use that knowledge and our knowledge of the law to your advantage. The exact strategy will depend on the facts of the case and the history of the individual charged. Similar to the unlawful possession of assault rifles, an individual found with unlawful possession of a handgun will be charged with a crime of the second degree and face between five and ten years in New Jersey state prison. If you have a valid out of state permit, this could be a mitigating factor that should be presented to the prosecutor's office. These offenses include: - Robbery, N. 2C:15-1.

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Contact Our NJ Law Offices About Your Handgun or Weapons Charges. Certain other weapons. 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. There is no room for misunderstandings or mistakes. She had a permit to carry the gun in Pennsylvania, but that PA permit carried no weight in New Jersey. Any person, suffering from a physical defect or disease, where possession of a firearm would be dangerous unless a doctor says otherwise. Another step your experienced Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC lawyer can do is to apply for a Graves Act Waiver. Even worse, when it comes to weapons offenses is New Jersey, there is a presumption of ineligibility. While every case requires a fact-specific analysis to determine what the most effective tactic, here are some of the most common defense strategies: - Challenge whether there was probable cause for the initial motor vehicle stop or search. At the Tormey Law Firm, we understand the importance of attacking the State's case and limiting your sentencing exposure to the greatest extent possible and you deserve the best legal representation possible. By agreeing and complying with the conditions of your PTI, you can achieve a gun charge dismissal.

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Every case we work on is unique, so we will tailor our weapons charges defense strategy to the circumstances of your case. Weapons Charges Defense Attorney in New Jersey. Whether you are familiar with the legal system or not, being arrested and charged with a weapons possession crime in New Jersey can be stressful and nerve-wracking. Possession of a Sawed-Off Shotgun.

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Those who enter and successfully complete a PTI program will have the charges against them dismissed (no conviction, no criminal record). If you or someone you know is facing any of the following charges, or any other criminal charges, don't go it alone. Call us today at 732-2876-2700 today! 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. Veterans' Diversion. As a result, it's critical to have an experienced attorney on your side that knows how to defend against a firearms charge. If you are convicted, that is it. There is one exception to the indictable offense limitation: multiple indictable convictions can be expunged if they were part of a single judgement or were committed as part of a sequence of events in a short period of time. Other prosecutorial and/or police misconduct. The minimum term shall be fixed at one-half of the sentence imposed by the court or 42 months, whichever is greater, or 18 months in the case of a fourth degree crime, during which the defendant shall be ineligible to be released on parole. Contact one of our offices for a free consultation about your case in Newark, West Orange, South Orange, Bloomfield, Montclair and throughout New Jersey. Our legal team has more than 200 years of combined experience defending New Jersey residents like you or your loved one, including in cases involving unlawful possession or use of guns and other weapons.

Identify holes in the prosecution's case, such as: - Illegal search and seizure. 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. Federal and state restrictions on ammunition transfer and possession must be considered. 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.

"First Offense gun charges in NJ are incredibly serious. Before we even hired him he consulted with us via telephone and spent a considerable amount of time answering our questions and giving us additional information. This means that the defendant must serve one year in prison before becoming eligible for parole instead of 3. Put simply, in order to violate N. 2C:39-5 the following criteria must be met: - a weapon must have existed. However, possession may not be illegal if you qualify for an exemption under N. 2C:35-6. Also, you can try and gain admission into the Pre-Trial Intervention (PTI) program. For instance, a showing of your ongoing job responsibilities, contributions to the community, good character, and other items that substantiate your good candidacy can be extremely beneficial. 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. In conjunction with the application we submit, you will also receive a call from Probation and subsequent interview. 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. For conviction of a second or subsequent firearms offense, the period of parole ineligibility is 5 years. If you are arrested for possession of a firearm, while in possession of a controlled dangerous substance, with intent to distribute, you are guilty of a second-degree crime. However, you don't have to face these charges alone – criminal defense attorney Lauren Wimmer can level the playing field and help you fight back.

We represent clients throughout NJ including in Linden, Bayonne, Union Twp., and Jersey City. Certain weapons are wholly outlawed in New Jersey, meaning there is no legal way to possess them. In accordance with N. 2C:43-6. Watch our video below and then call us here at Gelman Law for more information: 856-861-4236. New Jersey has some of the toughest weapons laws in the country, but you can contact Rosenberg | Perry & Associates for a free consultation.

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