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Faced 10+ Years in Prison

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Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
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Unlawful Possession of a Handgun

By Spodek Law Group | February 12, 2023

New Jersey Handgun Law: Unlawful Possession Resulting From The Lack of a Permit or License

Unlawful Possession of a Handgun in New Jersey

If you’re planning to carry a handgun or pistol in New Jersey, it’s crucial to have a properly issued license, permit, or exemption under the law. This regulation applies to both residents and non-residents of the state. It may come as a surprise to many individuals visiting or passing through the state with a handgun, which they purchased legally elsewhere, that unlawful possession of a handgun is a serious offense that could lead to a long prison sentence.

Understanding N.J.S.A. 2C:39-5b

Possession of a handgun without a license or permit, also referred to as unlawful possession of a handgun, is defined in N.J.S.A. 2C:39-5b. This statute prohibits an individual from knowingly possessing a handgun without obtaining a carry permit in New Jersey. It is important to note that a license or permit properly issued in another state does not qualify under this law.

The prosecutor must prove that you lacked a permit to obtain a conviction for second-degree possession of a handgun. The county prosecutor or attorney general seeking a conviction under 2C:39-5b must establish three elements beyond reasonable doubt, which include the presence of a handgun, knowing possession of the handgun by the accused, and lack of a permit.

For purposes of this law, a “handgun” includes a pistol, revolver, or any other firearm designed to fire a solid projectile by means of a cartridge or shell or by action of an explosive or the igniting of flammable or explosive substances by the use of a single hand. It can also include a BB or pellet gun activated by air or spring.

Understanding “Possession”

“Possession” can be either actual, which means direct control on an individual’s person, or constructive possession. An individual has constructive possession of a handgun when they are aware of the existence of the firearm and have the ability and intention to control it. A defendant must also lack a permit or license to be guilty under N.J.S.A. 2C:39-5b. In this regard, there is a presumption that a defendant does not possess a license, identification card, or permit unless they establish otherwise.

A jury is allowed to infer that no permit existed, and it is then up to the defendant to come forward with evidence establishing a valid permit. Keep in mind that self-defense is available to defeat this charge, but it only applies where the defendant spontaneously arms themselves to defend against an immediate danger. The possession is illegal where an individual arms themselves with a handgun before the danger becomes imminent or in preparation for a potential conflict.

Why You Need a Talented NJ Criminal Defense Attorney

Possessing a handgun without a permit can result in serious consequences in New Jersey. A conviction could mean the loss of your freedom, hefty fines, and a criminal record. That’s why it is essential to hire a talented NJ Criminal Defense Attorney if you have been charged with this offense. The lawyers at our firm are well-equipped to persuasively represent you, so you can maintain your freedom. Don’t wait; contact us today to learn how we can help.

Unlawful Possession of a Handgun in New Jersey: Understanding the Consequences

If you’re found guilty of possessing a handgun without a license, be prepared to face severe penalties. The offense is classified as a Second Degree crime, with potential incarceration ranging from 5 to 10 years. The penalties only escalate with the inclusion of the Graves Act, which mandates a minimum 42-month sentence before becoming eligible for parole.

However, there is a glimmer of hope. With the help of a skilled lawyer, it’s possible to secure a Graves Act waiver and potentially avoid the harshest penalties. Visit our comprehensive guide on the Graves Act for more information on waivers.

BB and Pellet Gun Possession in New Jersey: The Risks and Consequences

While it may seem harmless, unlicensed possession of a BB or pellet gun is a Third Degree crime in the state of New Jersey. This includes any device activated by compressed air, spring, elastic, carbon dioxide, or other gas or vapor, or any object smaller than three-eighths of an inch in diameter fired from a pistol or revolver. The punishment for this crime can range from 0-5 years in prison and a fine of up to $15,000.

It’s important to note that if the spring-loaded or air-fired device is used in the commission of a robbery, assault, or any other unlawful purpose, the mandatory minimum sentencing requirements of the Graves Act will apply.

Protect Your Future with Our Experienced Illegal Handgun Lawyers in New Jersey

Don’t let a firearms charge ruin your future. Contact our accomplished illegal handgun lawyers in New Jersey to ensure that your rights and interests are protected. With extensive experience in firearms law, our legal team is equipped to provide you with the guidance and representation you need.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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