Get the Best Defense Against Weapon Charges with Our Accomplished Flemington Defense Firm

If you’re facing charges related to illegal weapons, such as possession of an unlicensed handgun, possession of a prohibited weapon or device, possession of a weapon for an unlawful purpose, or possession of a weapon during the commission of CDS activities, then you need the best defense possible. At our Flemington defense firm, we have a team of highly accomplished former prosecutors, including a former director of the Guns Task Force, who can help you navigate these complex charges and fight for your freedom.

Don’t Take Your Weapon Charges Lightly

There are five core weapon offenses that individuals can face in Hunterdon County, and almost none of these charges fall within the jurisdiction of a local municipal court. Instead, they must be heard at the Hunterdon County Superior Court in Flemington since they are felony criminal offenses. If you were arrested for possession of an illegal weapon in Clinton Township, Raritan Township, Readington, Lebanon, Tewksbury or another local municipality, then you need to select the best attorney to handle your criminal charge. The difference between years of incarceration and freedom could very well depend on your choice of attorney.

What Weapons Are Considered Illegal in New Jersey?

A common question for individuals facing a weapon offense is what weapons are illegal in New Jersey. The answer can be found in N.J.S.A. 2C:39-3, which sets forth a long list of items that are considered illegal weapons in the state, including destructive devices, sawed-off shotguns, silencers, defaced firearms, dum-dum or body armor penetrating bullets, large capacity magazines, stun guns, and other devices such as switchblades, brass knuckles, and billy clubs.

Possession of a Prohibited Weapon or Device Under N.J.S.A. 2C:39-3

The possession of a prohibited weapon or device can result in a third-degree crime if the weapon is a destructive device, such as bombs, rockets, grenades, projectiles greater than 60 caliber, Molotov cocktails, or other items capable of combustion. A sawed-off shotgun or rifle that measures less than 18 inches or 16 inches, respectively, is also illegal, as is any weapon that is sawed off and measures less than 26 inches in overall length. Possession of a silencer, defaced firearm, dum-dum or body armor penetrating bullets, large capacity magazine, or stun gun can result in a fourth-degree crime. Possession of other prohibited items such as switchblades, brass knuckles, and billy clubs is also a fourth-degree crime, while possession of handcuffs under circumstances not manifestly appropriate for lawful use is a disorderly persons offense.

Possession of a Weapon for an Unlawful Purpose Under N.J.S.A. 2C:39-4

Possession of a weapon for an unlawful purpose is divided into five categories under 2C:39-4, including possession of a firearm, explosive, destructive device, imitation firearm, or other weapon. It is a second-degree crime to possess a firearm or explosive for the purpose of using it against another person or their property. Possession of a destructive device for an unlawful purpose is also a second-degree crime. When the weapon possessed for an unlawful purpose is a knife, bat, or other weapon, a violation of this law results in a third-degree crime. Possession of an imitation firearm to threaten or use it against another person or property is a fourth-degree crime.

Unlawful Possession of a Weapon Under N.J.S.A. 2C:39-5

If you’re facing a weapons charge in Hunterdon County, you’re likely feeling anxious and overwhelmed. The laws surrounding illegal possession of a weapon can be complex, and the consequences of a conviction can be severe. To help you understand the charges you’re facing, let’s take a closer look at New Jersey’s unlawful possession of a weapon law.

Under N.J.S.A. 2C:39-5, the treatment for unlawful possession of a weapon depends on the type of weapon in question. Let’s break it down:

Handguns

Possession of a handgun without a carry permit is a serious offense in New Jersey. It’s considered a second-degree crime, which means you could face 5-10 years in prison if you’re caught with an illegal handgun. What’s more, there’s a mandatory minimum term that must be imposed at the time of sentencing. This is also known as a period of parole ineligibility.

If the handgun is in the nature of a BB, airsoft, or pellet gun propelled by air or a spring, the offense is reduced to a third-degree crime. However, you’ll still be facing serious penalties if you’re convicted.

Shotguns and Rifles

If you’re caught with a shotgun or rifle without a firearms purchaser ID card, you’ll be facing a third-degree crime.

Other Weapons

Possession of any other type of “weapon” under circumstances not manifestly appropriate for lawful uses is a fourth-degree crime. The term “weapon” is defined as anything readily capable of lethal use or of inflicting serious bodily injury.

Certain Persons Not To Possess a Weapon Under 2C:39-7

Certain individuals are prohibited from ever owning or possessing a weapon in New Jersey. This includes anyone who has been convicted of certain crimes in the past, such as aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation, endangering the welfare of a child, stalking, or a crime involving domestic violence.

If you fall into this category and you’re caught with a firearm, you’ll be facing a second-degree crime. Possession of any other type of weapon is a fourth-degree crime. Even if you have a prior conviction for a disorderly persons offense for domestic violence (i.e., a misdemeanor conviction), you could be exposed to a third-degree crime if you’re caught owning or possessing a firearm.

Application of the Graves Act To Your Hunterdon County Weapons Charge

If you’re facing a weapons charge in Hunterdon County, you should be aware of the Graves Act. This law imposes mandatory periods of parole ineligibility whenever someone is convicted of a criminal offense involving illegal possession or use of a handgun or other firearm.

However, there’s an exception to this rule. If you’re a law-abiding out-of-state gun owner who accidentally brings your weapon into the state, the Hunterdon County Prosecutor’s Office may be able to relax the mandatory prison sentence under the Graves Act. To take advantage of this exception, you’ll need a highly skilled handgun offense defense lawyer on your side.

Conclusion

Facing a weapons charge in Hunterdon County can be a scary and overwhelming experience. But with the right legal representation, you can fight back against these charges and protect your future. If you’re in this situation, don’t hesitate to reach out to an experienced defense attorney who can help you navigate the legal system and fight for your rights.