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2C:43-6(c), requires the imposition of a minimum term of imprisonment and parole ineligibility for certain firearm offenses. The legal team at the Law Offices of Jonathan F. Marshall will develop a defense that refutes and raises doubt about the prosecution's case against you. 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. New Jersey is known for its strict gun laws. Where was the firearm found?
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The FID will allow you to obtain rifles and shotguns without an additional gun permit and to obtain a handgun with an additional permit. 2C:39-5 defines unlawful weapon possession, and you can be penalized if the prosecution proves that you violated this law. "First Offense gun charges in NJ are incredibly serious. N. Diversion Programs Available in lieu of Prosecuting Weapons Charges.
Many individuals also forget the prosecutor must prove, beyond any reasonable doubt, a defendant violated the law. 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). While every case is unique, our firm has a solid track record of obtaining not guilty verdicts. 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. The New Jersey Criminal Code contains laws in Chapter 39 (N. J. S. A. Those statements regarding the gun and ownership will only hurt you. Possession of a gun without a license or permit. Don't jeopardize your freedom by waiting to hire a strong weapons charges defense lawyer. The Graves Act, codified under N. 2C:43-6, governs certain weapons and firearms offenses in New Jersey. 5 years) of this sentence be served before the individual is eligible for parole (as opposed to one-third of the sentence as is standard in NJ).
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Potential Consequences of a Firearms Conviction. However, weapons laws in New Jersey are very strict and carefully crafted to define the activities and areas in which a person may carry or use a firearm. In order to avoid any legal problems, it is important to understand when and where you can legally possess a gun in New Jersey. 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. How to Cite Rosenblum Law's Article. Once hired, he was truthful at all times at what my son was up against.
That is why it is so crucial you hire an experienced criminal defense attorney. This requires great skill and knowledge of this specific area of law. Even if you have no prior criminal history, a first time offender charged with unlawful possession of a handgun will be subject to the Graves Act (N. 2C:43-6(c). If you are convicted, that is it. Click here to read more about our disclaimer and our fees and services. In New Jersey, almost anyone who is carrying a gun outside of their home may be found guilty of unlawful possession of a handgun. If you have a valid out of state permit, this could be a mitigating factor that should be presented to the prosecutor's office. Respected Gun Charge Defense Lawyers Fight to Avoid Harsh Graves Act Penalties in Burlington County, NJ Unlawful Possession of a Handgun Cases. Our skilled criminal defense attorneys have helped many people charged with unlawful possession of a weapon and other related offenses. The successful criminal defense lawyers at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC understand this complex area of the law and we will fight aggressively to get your charges reduced, find alternative sentencing options or get the case dismissed entirely. Possession of explosives or other destructive devices.
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Whether there are others who are responsible for the firearm? 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 The Law Offices of Zapicchi & Liller LLP today for a consultation. Call 973-621-0333 or contact the firm online for answers to your questions about changes in Essex County and New Jersey gun laws. The crime is categorized under third-degree crimes. Special conditions of PTI may include, but are not limited to: random drug and alcohol testing, psychological counseling, or forfeiture of one's firearm and/or FID card. The Graves waiver is required to received a probationary sentence (with no jail) as well as potential enrollment in the Pre-Trial Intervention program. In New Jersey, N. J. S. A. What Guns Are Outlawed?
Ultimately, it will be up to the Prosecutor whether or not you get into PTI and what conditions will be required of you during PTI. Let our experienced New Jersey weapons charges attorney review your case for free to discuss how we can help you fight these charges and defend your innocence. Common Defenses Against Weapons Charges. 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. The Graves Act mandates that at least 42 months (3. If an individual is in possession of a rifle or shotgun without having first obtained a firearms purchaser ID card, they will be guilty of a crime of the third degree. Generally, the Prosecutor will consider the package submitted, the criminal background of the defendant and more. If we convince the prosecutor to consent based on the specific facts of your case, we will then advocate on your behalf to convince the judge. E-mail or call Rosenblum Law today at 888-815-3649. Working with an expert New Jersey criminal defense lawyer is necessary to give your case the best outcomes. An experienced Toms River weapon possession attorney can defend the minor, save them from conviction, or help expunge their criminal record. For example, generally speaking, a person does not need to obtain a permit to possess a firearm in their home. That means carrying your gun into New Jersey is a criminal offense. The defense approach to weapons charges varies depending on the circumstances, but due to the seriousness of the charge, a defense attorney must explore any and all avenues to fight the charges.
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NJ Gun Lawyer – Why you should consider hiring an attorney for your gun charge. The illegal possession of certain bullets can get you in very serious trouble in New Jersey. A Pre-Trial Intervention (PTI) is a special program that a person with no prior convictions can apply for in order to avoid a trial and conviction. Possession of a firearm or imitation firearm at a school. After all motions are considered, plea negotiations can result. For example, if a person is convicted of the "Graves Act" offense of Unlawful Possession of a Handgun, in violation of N. 2C:39-5(b), a crime of the second degree, the sentencing range is between 5 and 10 years in New Jersey State Prison with a mandatory period of parole ineligibility of between 42 months and 5 years. That means most people in New Jersey can only legally have their gun in their home. You can be charged with a crime simply for possessing a firearm even if you weren't doing anything wrong.
If you've been charged with a gun crime and are looking for criminal lawyers in Hamilton Township, NJ, or the surrounding areas, we can help. 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, it will only apply in a case where the weapon was used spontaneously in order to respond to a genuinely compelling danger. According to a federal ban, all automatic weapons are banned from private ownership in the United States, with few exceptions. There are numerous specific charges a person can face relating to weapons and the penalties vary. Firearm Possession Laws in New Jersey. Unlawful use of imitation firearms. Volet, our team will get to work immediately on your defense. The accused must have had knowledge of the nature and character of the instrument (i. e. what it was and how it could be used).
New Jersey Gun Permits – Information about obtaining paperwork for NJ firearms. This requires an average of 1 to 3 years under court-supervised probation, which includes regularly appearing before a judge for status updates. Cestis (and other leather bands studded with metal filings or razor blades imbedded in wood).
Under the Graves Act, if convicted, the following are true: - You will not be eligible for parole for at least three years if convicted for unlawful possession of a handgun, - The mandatory minimum prison sentence applies even if you have no prior criminal record, - The mandatory minimum prison sentence applies even if no one was hurt. The history of the accused person and the facts of the case will determine the strategy used to produce the most effective defense. There are potentially many opportunities to challenge weapons charges. Experience working in the prosecution's office means that we not only understand the basic laws and defenses—we know how the prosecutor thinks. There are however various defenses to possession of an assault rifle charges. Ten N. J. defense attorneys who focus exclusively on representing people accused of crimes.