Drugs Found In Impounded Car

Drugs Found In Impounded Car

Gun Law In New Jersey

Five-year prison terms for other crimes usually come with the potential for parole after approximately one year. Adam H. Rosenblum (May 21, 2012). Depending on various factors that are unique to the facts of a particular case, weapons and firearms offenses can be charged as either a First, Second, Third, or Fourth Degree Crime. Challenging motor vehicle stops and illegal searches. If you are facing weapons charges in New Jersey, you need an experienced legal team at your defense to fight against the heavy penalties. He knows what arguments to make and will aggressively defend you in order to protect your rights and hedule Your Free Initial Consultation - Newark Unlawful Possession of a Weapon Lawyer. What Are the Common Weapons Charges in New Jersey? Burglary, N. 2C:18-2. To schedule a free, confidential case consultation with a legal team that believes in you, contact us today. Call the firm directly at 856. Firearm Possession Lawyers In New Jersey. Schedule a free consultation today to discuss how we will stand strong for you. 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). It is essential to enlist the help of an experienced Monmouth County weapons charges attorney as soon as possible.

First Offense Gun Charge In New Jersey Laws

New Jersey has some of the toughest weapons laws in the country, but you can contact Rosenberg | Perry & Associates for a free consultation. If you have a valid out of state permit, this could be a mitigating factor that should be presented to the prosecutor's office. In addition, your dwi attorney should also be prepared to investigate the following: - Whether the firearm was actually illegal? Firearm Possession Charges In New Jersey & The Graves Act. First offense gun charge in new jersey legal. However, gun crimes in New Jersey are subject to the 'Graves Act' which enforces a three year period of parole ineligibility. New Jersey punishes those who possess any firearm while conducting drug dealing activities. Our attorneys include former prosecutors who can spot weaknesses in the prosecution's case. How to Cite Rosenblum Law's Article. Despite the uphill battle involved to successfully gain admission into the Pre-Trial Intervention Program, you lawyer can potentially bolster your case by providing supportive information for your application. You are also permitted to transport a firearm from one place to another, provided it is kept in a locked container and the bullets are removed from the magazine and both are separated from the handgun.

First Offense Gun Charge In New Jersey Form

In New Jersey, possession of an assault rifle without a valid license and or the proper authorization to possess an assault rifle can be a very serious offense which can carry very serious penalties. Can I Avoid The Graves Act For My New Jersey Gun Charges? Adam H. Rosenblum "Weapon Possession Charges in New Jersey – N. 2C:39-5". Booby traps in manufacturing or distributing facilities. We have got our clients into pre-trial intervention (PTI), straight probation (no jail time) and in some instances, we have achieved complete dismissal after a suppression hearing challenging the admissibility of the gun evidence. NJ Gun & Weapon Offense Lawyers | Gun Charge Attorney in New Jersey. 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. Finally, in the most serious cases, they may offer a Graves Act waiver and departure from the 5 years, 42 months without parole, to 5 years, 1 year without parole. Available 24 Hours a Day. Put simply, in order to violate N. 2C:39-5 the following criteria must be met: - a weapon must have existed. By agreeing and complying with the conditions of your PTI, you can achieve a gun charge dismissal. 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. Several of our attorneys are former prosecutors. In New Jersey, almost anyone who is carrying a gun outside of their home may be found guilty of unlawful possession of a handgun. You should never make any admissions to the police when you are questioned.

First Offense Gun Charge In New Jersey Nets

Waiver or Reduction of Sentence. Your Dedicated & Trusted Legal Team. For more information about changes in New Jersey gun laws, seek the help of an experienced criminal defense attorney at the law offices of Joseph D. Rotella. Click here to read more about our disclaimer and our fees and services. If you are in possession of a firearm while committing another crime, you could be charged with a separate offense just for having a gun. Remember that a guilty verdict remains in the child's criminal record and can hinder his/her ability to attend college or get a job. Constructive possession means that you were in a situation that you didn't actually have the gun on you but knew or should have known of its location. Travis truly worked to secure what was in my son's best interest. Types of Weapons Charges. Additionally, the possession, sale and or transportation of an assault rifle can be a federal crime subjecting the individual to various federal penalties. At our Monmouth County criminal defense law firm, we strongly believe that every person is innocent unless the prosecution can prove otherwise. Let Our Experienced New Jersey Weapons Charges Defense Attorney Help You. Possession of Firearms | New Jersey | Steven Hernandez. However, a knowledgeable gun crime defense lawyer may be able to persuasively argue that these circumstances exist in your case.

First Offense Gun Charge In New Jersey Department

Written By:Adam H. Rosenblum. Among the states with the stiffest penalties for weapon possession in the United States is New Jersey. The application itself is two pages and has specific requirements to submit it. First offense gun charge in new jersey laws. Self-defense cannot be asserted when a person is carrying the weapon as a precaution. A successful track record that includes numerous criminal trials resulting in dismissals. It is also illegal to own a silencer under New Jersey law.

I have gone on to recommend Travis to 2 other friends who have been just as happy with him. " Gun Possession – Who is Prohibited? Possession of Certain Weapons by Persons Previously Convicted of Specified Offenses. First offense gun charge in new jersey form. It is a fourth-degree crime punishable by up to 18 months in prison for possession of any of the following weapons "without any explainable lawful purpose": gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife. Speak to a firearm lawyer today. If the search is deemed to have been illegal, the evidence may be suppressed and the charges might be dismissed entirely.

You are facing a mandatory minimum of three years in jail. Manufacture, Transport of Assault Firearms – N. 2C:39-9(g). Sexual Assault, N. 2C:14-2(a). The law expressly forbids anyone under the age of 18 from acquiring, possessing, carrying, or using a weapon.

After submission of the mitigating package in support of a Graves Act waiver, the prosecutor will speak to their supervisors and try and get approval for a plea offer. The prosecutor will put pressure on everyone to turn over and give testimony against the person they feel is most culpable. We begin preparing the mitigating package by speaking with our client and learning more about the client's version of the case facts compared to what we have in the discovery package provided to us. Rifles and Shotguns Possession Penalties. Threatening or hurting a person with a weapon. You can be charged with a crime simply for possessing a firearm even if you weren't doing anything wrong. While many of the penalties resulting from a conviction in weapons crimes are mandatory, a prosecutor has the discretion in some instances to reduce, or even eliminate, some of the most serious consequences. Also a third-degree crime.

The presence of a firearm or other weapon during the commission of a crime may create a new, more serious charge, such as assault being elevated to aggravated assault because a deadly weapon was allegedly used to threaten or harm someone. According to 2C:58-6. Being found with other forms of weapons (other than firearms) without a license is considered a fourth-degree crime. From there, we use the facts of your case coupled with case law to prove that your case should be resolved through PTI.

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