First Offense Gun Charge In New Jersey Law

July 5, 2024, 1:13 pm

New Jersey's strict gun laws can ruin your life if convicted. 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. 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. A legal team that brings to each case insider knowledge as former prosecutors and public defenders. New Jersey has some of the toughest gun laws in the country.

Weapons charges in New Jersey typically refer to unlawful use or possession of a handgun, shotgun, assault rifle, knife, razor, or box cutter. These offenses include: - Robbery, N. 2C:15-1. N. 2C:39-3(c), Possession of a silencer. Plea negotiations and reducing sentencing minimums. The attorneys at Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC will help you understand your rights in Bridgewater, Somerville, Bedminster, Hillsborough, Bernards Township and throughout New Jersey. If you have been convicted of certain indicatable offenses or a disorderly persons domestic violence offense (some not all) you could face a certain persons charge and be looking at an addition 5 to 10 years. New Jersey weapons laws cover nearly every kind of knife not used in the kitchen. In New Jersey, almost anyone who is carrying a gun outside of their home may be found guilty of unlawful possession of a handgun.

First Offense Gun Charge In New Jersey Requirements

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). The judge may require the probationer to undergo psychological and/or drug and alcohol evaluations and obtain counseling or complete a rehabilitation program and take random urine tests. Possessing a silencer is a fourth-degree firearms violation. Whether you unlawfully or lawfully obtained a gun, any charges of unlawful possession of a weapon result in the same potential second-degree penalties. This means that the assault rifle will not be used in the prosecution of the individual and the charges will likely be dismissed. If you've been charged with a gun crime in New Jersey, you should be aware that this state has some of the toughest gun and weapon laws in the country. All weapons-related crimes are indictable offenses (felonies). This means that, if you are convicted of this second degree crime, it is presumed that you would be sentenced to State prison with the minimum term being 5 years. As a result, it's critical to have an experienced attorney on your side that knows how to defend against a firearms charge.

New Jersey New Gun Law

He got charges reduced and fines lessened. The Graves Act (codified as N. S. A. Possession of a Firearm in a Motor Vehicle. However, a knowledgeable gun crime defense lawyer may be able to persuasively argue that these circumstances exist in your case. All persons prohibited from owning a firearm are also prohibited from owning and having possession of ammunition. The defendant has no prior criminal history. A New Jersey criminal defense attorney experienced with weapons charges can begin work right away to have the criminal charges against you reduced, dismissed, or deferred so that you may avoid prison and/or expensive fines. 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. Let Our Experienced New Jersey Weapons Charges Defense Attorney Help You.

Current New Jersey Gun Laws

If you do not properly store your firearm, or you take the handgun out into the public without the proper licensing, then you can be charged with unlawful Possession of a Firearm, in violation of N. S., 2C:39-5(b), which is a second-degree crime and punishable by 5 to 10 years in prison. If you or a loved one is facing weapons charges in New Jersey, you need to speak with our knowledgeable Monmouth County criminal defense attorney as soon as possible. But even when you think you may be dead in the water, we will be able to mount a defense to your charge. The categories include: Defaced firearms: Apart from antique firearms, any firearm that can be altered in any way is prohibited. Under N. 2C:39-3, the average citizen cannot own a silencer in NJ. Depending on the circumstances of your case, we may: - Negotiate your bail and fight for your rights at your first court appearance. We will carefully evaluate all of the facts of your case to make the most compelling argument possible if you otherwise qualify for the program. Identify holes in the prosecution's case, such as: - Illegal search and seizure. She had a permit to carry the gun in Pennsylvania, but that PA permit carried no weight in New Jersey.

Brass or Metal Knuckles. You then become eligible to expunge the documents associated with your initial arrest six months later. Those convicted of a fourth-degree offense must serve the full 18-month sentence. Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices.

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