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Convicts can be sentenced to between 5 and 10 years. Experience working in the prosecution's office means that we not only understand the basic laws and defenses—we know how the prosecutor thinks. Unlawful Possession of a Weapon – this offense is charged in those situations where an individual has no legal right to possess the weapon or firearm, such as a firearm that is illegal or one for which the individual does not have the permit or Firearms ID card that is required to lawfully possess the firearm. 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. Whether there are others who are responsible for the firearm? In certain situations, possession of a firearm by itself is a crime under New Jersey law. We'll learn about your case and share how we can stand with you and fight your weapons charges.

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Sawed-off shotgun: Possessing it is a third-degree offense in New Jersey. Travis truly worked to secure what was in my son's best interest. This may not be an option if they have documented records that you own the guy, but in many cases, possession is not always clear. The possession of any hollow-nose, dum-dum, or other body-piercing bullets, other than by a licensed collector, is a fourth-degree crime, punishable by up to 18 months in prison. As set forth by N. 2C:39-5(i), if a person is caught unlawfully possessing a machine gun, handgun, or assault firearm while engaged in "organized criminal activity, " he or she must be sentenced to a minimum of five (5) years in state prison, during which time the person will not be eligible for parole. If you have been charged with a Graves Act violation, you are facing a mandatory minimum prison sentence of three years. In legal terms, the person who has constructive possession of a weapon has agency and ownership of the object. As crazy as it sounds, New Jersey treats the possession of a BB style gun as if you possessed a rifle or shotgun. They are often ordered to complete a certain number of community service hours, fines, and random drug screenings. He had, on a prior occasion. To find a legal advisor you can rely on, contact a New Jersey gun possession attorney of The Law Office of Jason A. Volet at (732) 863-5050 today. Our attorneys have served as county and municipal prosecutors and leaders of a Guns Task Force, Major Crimes Bureau, Special Operations Units, Domestic Violence Unit, and a Trial Division.

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Types of Weapons Charges. Anyone under 18 years of age for all firearms, and under 21 for a handgun. Every step of the way ─ even before you are charged ─ there are opportunities for a knowledgeable defense attorney to demand that the case be dropped or the charges be reduced. If the court grants the motion, then the weapon charges and all charges related to its discovery may not be used in your prosecution. New Jersey does not recognize carry permits issued in other states. Knives and similar instruments, such as gravity knives, switch-blades, daggers, dirks, and stilettos. As a prosecutor, he saw firsthand how many defendants could really benefit from strong representation.

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Violation of this law is a third-degree indictable offense. This may allow some people to avoid any prison time. Handgun Possession Charge Penalties in NJ. Adam H. Rosenblum "Weapon Possession Charges in New Jersey – N. 2C:39-5". The first step to obtaining a firearm is to apply for and be granted a Firearms Identification Card (FID). Strict rules apply if you even want to take your handgun to the shooting range. Request pre-trial intervention (PTI) if that is an option in your case. 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.

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Although judges do have discretion in assigning punishment within these sentencing guidelines, unlawful possession of a handgun charges are different. Manufacture, Transport of Assault Firearms – N. 2C:39-9(g). Booby traps in manufacturing or distributing facilities. We will argue that disputable evidence be excluded from further proceedings.

This takes lots of preparation and information gathering to make sure that the waiver application submitted to the State includes the right information. New Jersey Graves Act Weapons Offenses. These programs are great for first time offenders who stand no chance of winning their case. 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). In New Jersey, N. J. S. A. Weapons charges may be dismissed upon successful completion of a probationary program. However, possession may not be illegal if you qualify for an exemption under N. 2C:35-6.