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He got charges reduced and fines lessened. Veterans' Diversion. Several of our attorneys are former prosecutors. NJ Gun Laws – A comprehensive breakdown of gun laws in New Jersey. Weapons charges can result from simple possession of a weapon, even if it was not being used. If PTI is not approved, they may also be allowed to offer non-custodial probation which results in no jail time but a felony record (which may be expunged in certain cases after 5 years). The prosecution is already working hard to build a case against you.
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First Offense Gun Charge In New Jersey Law
Certain Persons Not to Have Weapons – N. 2C:39-7. This means that you must serve all 3 years before being eligible to be released on parole. What Is Considered a Weapon in New Jersey?
New Jersey State Gun Laws
NJ legislators are constantly passing new laws that impose more severe penalties for weapons offenses. In New Jersey, N. J. S. A. Carry permit for another state. However, gun crimes in New Jersey are subject to the 'Graves Act' which enforces a three year period of parole ineligibility. Second-degree crimes are punishable by: - Five to ten years in prison, - Up to $150, 000 in fines, - An indictable felony conviction on your criminal record. The term "gun crime" evokes images of a masked man pointing a gun at a convenience store clerk, but even a hardworking, young mother can be charged with a gun crime for simply not understanding New Jersey's tough laws. Its possession is punished as a fourth-degree crime. 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. Possession of a rifle or shotgun without the appropriate license is a common example of a third-degree firearms charge. Booby traps in manufacturing or distributing facilities.
First Offense Gun Charge In New Jersey 2021
Under this program, an individual is placed on probation for a period between one and three years. In legal terms, the person who has constructive possession of a weapon has agency and ownership of the object. Typically in New Jersey, gun charges are treated with a certain degree of leniency; the penalties are almost always less than in subsequent penalties. Offenses involving a BB gun, Airsoft Gun or Paintball Gun. The following is just a short list of items that are considered weapons in New Jersey: - Billies. Unloaded guns can be carried in a locked case. For example, if you are an out-of-state defendant, we ask for copies of an itinerary or hotel invoice showing where and why you were in New Jersey. Our legal team has more than 200 years of combined experience defending New Jersey residents like you or your loved one, including in cases involving unlawful possession or use of guns and other weapons. Weapons charges may be dismissed upon successful completion of a probationary program. Rosenblum Law Firm, May 21, 2012. Under the right circumstances, anything – bats, bottles, hammers, pipes, or other objects – can be categorized as a weapon, depending on how it is used or what occurs.
First Offense Gun Charge In New Jersey Rules
Our firm represents adults and juveniles who are facing all kinds of weapons charges in New Jersey. Prohibited Weapons (N. 2C:39-3). If the search is deemed to have been illegal, the evidence may be suppressed and the charges might be dismissed entirely. Proving unlawful possession of a handgun requires the New Jersey prosecutor to establish: - A handgun was present, - You knew that you had the gun, and. Challenge the facts of the case (i. e. conduct was not per se illegal). There are numerous scenarios that could lead to a gun charge, so we start with understanding the facts of the case and take it from there. In New Jersey, it is not illegal for certain people to own or possess firearms. Here are the various forms of this crime and their punishment: A second-degree crime of possession for an unlawful purpose: It involves using explosives like fireworks or guns in another person's property. Strict liability for drug-induced deaths. When faced with serious criminal penalties associated with unlawful possession of a handgun, you need a skilled criminal defense lawyer on your side to increase the odds of a favorable outcome. 0 rating on from his clients (with over 75 reviews). Weapons Charges and Penalties Under NJ Law. New Jersey's No Early Release Act (NERA) statute (N. 2C:43-7.
First Offense Gun Charge In New Jersey
Also, you can try and gain admission into the Pre-Trial Intervention (PTI) program. New Jersey does not recognize carry permits issued in other states. Provide the information below or call us at:856. New Jersey has strict gun possession laws that forbid certain individuals from possessing certain types of weapons. Gun Possession – Who is Prohibited? The failure to abide by years-long requirements can result in immediate imposition of full sentences as if the defendant had been found guilty of all charges. Failure to Surrender a Gun while on Conditional Release or after a Domestic Violence Arrest. In such an instance, it may not be clear who it belongs to. The Probation Officer will review the package we submitted and recommend you or not into PTI based on the interview. Depending on your circumstances, the right attorney may be able to keep you out of prison altogether. We Have Some of the Best Weapons Charges Lawyers in New Jersey. Many times people will have legally purchased a gun with a valid permit but then were completely unaware they illegally possessed a gun by transporting it in a glove compartment -- loaded -- instead of in the truck. Possession of Certain Weapons by certain Persons not to own/possess a firearm.
All sides need to be heard. 24/7 availability to respond to your need for legal representation. How to Cite Rosenblum Law's Article. Your New Jersey weapon possession lawyer could ask the court to dismiss the case if the procedure used by the prosecution was unlawful. Every case we work on is unique, so we will tailor our weapons charges defense strategy to the circumstances of your case. However, a Graves Act waiver can be obtained in certain cases to lower the prison time or remove it entirely depending on the circumstances of your charges. We use that knowledge and our knowledge of the law to your advantage. Whether you are familiar with the legal system or not, being arrested and charged with a weapons possession crime in New Jersey can be stressful and nerve-wracking.
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