Notably, law enforcement and other select parties can still access the record moving forward. Homicide, N. 2C:11-3. First offense gun charge in new jersey state. Unlawful Possession. Our attorneys are aggressive criminal defense lawyers who have handled unlawful possession of weapons cases throughout the state of New Jersey. At The Law Office of Jason A. Volet, our New Jersey weapons charges defense lawyer understands how these types of cases work because he started his career as a criminal prosecutor in Monmouth County.
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First Offense Gun Charge In New Jersey State
The accused must have possessed that weapon. You can reach us anytime toll-free at 866-949-6948, or you can use the online contact form to schedule an appointment at our offices in Morristown. Where was the firearm found? Call us today at 215-712-1212 or contact us online to schedule a free consultation to discuss your charges. Weapons Charges Defense Attorney in New Jersey. NJ Gun & Weapon Offense Lawyers | Gun Charge Attorney in New Jersey. An expungement erases the case having happened when an interested party runs a background check.
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Although it is difficult to obtain, experienced firearms defense attorneys can petition the Court and the Prosecutor for a "Graves Act Waiver". Additionally, the way in which the handgun was transported or possessed can in some circumstances be used to demonstrate that the individual did comply with the handgun possession law and they therefore should not be charged or convicted of a criminal offense. Many individuals also forget the prosecutor must prove, beyond any reasonable doubt, a defendant violated the law. As mentioned above, New Jersey's weapons laws are extraordinarily strict and carry harsh penalties. New Jersey Graves Act Weapons Laws | Gun Charges Attorney Morristown NJ. 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. All You Have To Do Is Call 856-861-4236 To Receive Your Free Case Evaluation. As in all criminal matters, the judge's willingness to assign lower penalties will depend heavily on whether you have a prior criminal record. Certified criminal trial attorneys, indicating specialized training in criminal law litigation. Speak To A New Jersey Firearm Lawyer Near You.
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Also, some semiautomatic firearms are altogether banned by the state. For example, in neighboring Pennsylvania, it is legal to carry a loaded gun in a motor vehicle if you have a permit to do so. In many cases, a weapons charge is a secondary offense added to another criminal charge, such as assault, robbery, or another crime of violence. 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. Or firearm with the purpose to use it unlawfully against the person or property of another, such as in the commission of a criminal offense. Believe it or not, a great many things could fall into this category, including a person's fists. Not only are the laws in this state strict regarding gun possession, but so are the penalties for a gun possession conviction, and anyone convicted of illegal gun possession may face long-term damage to their personal, professional, and financial life. Specifically, the statute applies to the following crimes: - Sawed Off Shotgun Possession – N. 2C:39-3(b). Firearm Possession Lawyers In New Jersey. 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. 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. One of those weapons offenses includes Unlawful Possession of a Handgun, which is typically a Second Degree Crime.
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If other people were present where the weapon was found – for example, a car with several people – the charges could be challenged on the grounds of constructive possession. First offense gun charge in new jersey department. Some of the penalties can be severe, so it's a good idea to work with an attorney knowledgeable about criminal law in Monmouth County, NJ, and the surrounding areas. How Can I Get PTI for my Gun Case in Camden County NJ? 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. In order to be convicted, the prosecution must prove that you owned the gun or the gun was in your possession.
Within reach of the defendant? The application itself is two pages and has specific requirements to submit it. 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. 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. Additionally, we will include copies of your out-of-state gun permit, receipts related to the purchase of your firearm, proof of employment or school attendance, character letters and more. Rosenblum Law Firm, MLA. First offense gun charge in new jersey laws. Unlawful possession of a handgun is a second-degree crime. We will fight aggressively to get your gun charges reduced, or dismissed, in Scotch Plains, Westfield, Clark, Cranford, Plainfield, Union, Elizabeth and throughout New Jersey.
Some of the factors we will take into consideration are: - Is this a case of mistaken identity? While often a judge or jury will decide whether the specific use of the weapon was appropriate, a person who possessed handcuffs because they were an actor in a play, for example, would not fall within this statute. This includes anyone who has ever been committed to a mental institution and people convicted of violent crimes, including people with domestic violence convictions. To possess in legal terms means to actually possess or to constructively possess. Being found with other forms of weapons (other than firearms) without a license is considered a fourth-degree crime. The defendant did not threaten or cause serious harm. Did you have a permit, even an out-of-state permit?
You are facing a mandatory minimum of three years in jail. If the weapon was found in a car or home, and the police did not have a search warrant, the charges may be dismissed if the search falls outside what is permitted by the Fourth Amendment to the United States Constitution or New Jersey Constitution. Your attorney from the Law Offices of Jonathan F. Marshall will work with you and prosecutors to obtain a resolution to your weapons charges case that is as favorable to you as possible. This takes lots of preparation and information gathering to make sure that the waiver application submitted to the State includes the right information. Gun Lawyers with offices in Hackensack, Newark, Morristown NJ. In addition to prison time, the court could also impose heavy fines – a second-degree firearms violation, for example, could carry fines of up to $150, 000. A conviction can land you up to 18 months in prison. Schedule a free consultation today to discuss how we will stand strong for you.