NJ Weapons Offense Lawyers
Weapons offenses are treated rather harshly throughout the state of New Jersey. Our gun control legislation is extremely strict. If you or someone that you love has been charged with any one of the numerous weapons violations identified in the New Jersey Criminal Code, the repercussions can be severe and long-lasting. At the Criminal Firm of the Spodek Law Group, we fully appreciate what is at stake and are committed to providing you the most effective defense possible in gun and other weapon cases.
Weapons Offenses in New Jersey
The New Jersey Code makes almost all varieties of weapon offense a felony offense. You could face charges on weapons violations in any of the following circumstances:
- You were in possession of a weapon that is prohibited by law(i.e. silencer, stun gun, defaced firearm, hollow point bullets, high capacity magazine).
- You attempted to commit a crime (assault or robbery, for example) with a weapon.
- You had a handgun that was acquired legally but you do not have a carry permit.
- You had a weapon even though your criminal record prohibits legally possessing it.
A multitude of factors affect the degree and seriousness of weapon charges; likewise the potential penalties. Irrespective, your case will be heard by the Criminal Division of the New Jersey Superior Court in your county. In most instances, incarceration is a very real possibility. For a first degree offense, you face 10-20 years behind bars. A second degree weapon crime can get you 5-10 years in state prison. Even a third degree offense for illegally possessing a weapon can land you in prison for as much as 5 years. There are special parole restrictions and mandatory minimum terms of incarceration that apply in these types of cases, specifically when a handgun is involved. Indeed, there are many serious weapons charges in New Jersey.
Our attorneys offer criminal defense services for the following weapons violations, as well as numerous others.
- Illegal Weapons
- Possession of a Weapon for Unlawful Uses
- Possession of a Handgun Without a New Jersey License or Permit
- Carrying a Concealed Weapon
- Unlawful Possession of a Weapon
- Certain Person Not Authorized To Possess a Weapon
- Illegal Handgun Offenses
- Possessing a stolen or unregistered gun
- Possessing a Weapon During the Commission of CDS Activities
- Juvenile Weapons Offenses
- Possessing BB, Pellet & Airsoft Guns
At Spodek Law Group, we have one of the largest legal defense teams in the state. We put our wealth of knowledge into action to protect our clients charged with weapons offenses, to help them avoid a felony conviction and what is often a mandatory prison sentence. With our experienced counsel and defense, we will guide you through the criminal law system using the insight we have gained through prior experience as New Jersey prosecutors.
Potential Defenses Our Attorneys Will Pursue
There are a number of defenses that are commonly successful in an illegal weapon case in Camden New Jersey. Some of the more notable routes our lawyers have taken include:
- Challenging an Improper Motor Vehicle Stop by the Police
- Suppress an Illegal Search or Seizure by the Police
- Simply Proving that You Were Not In Possession of the Weapon. . If we can successfully contest your knowledge and/or intent with respect to the weapon, this will result in a defeat of the offense altogether.
- The Police Officers Violated Your Miranda Rights
Contact Our New Jersey Weapon Offense Defense Lawyers
When staring down New Jersey’s harsh weapons offenses laws, you need a seasoned criminal lawyer to mount a successful defense. This is exactly what the attorneys at our firm are capable of doing for you. We will pick apart the facts of your case, explore every possible defense under the law and build an effective strategy to maintain your liberty. If you have been charged with a weapon offense and need our help, an attorney is ready to speak to you right away. Contact our New Jersey Criminal Defense Firm today for a free initial consultation.
Spodek Law Group defends handgun, shotgun and other weapons charges throughout Camden County, New Jersey including individuals arrested in , the City of Camden, Cherry Hill, Gloucester Township, Audubon, Pennsauken, Haddon Heights, Collingswood, Lindenwold, Bellmawr, Berlin, Haddonfield, Gloucester City, Stratford and other municipalities and counties throughout the state.
In some cases, a good lawyer may be able to get you a NJ Pre-Trial Intervention (PTI) program. This program will allow you to have your charges dismissed once you have completed the program. To be eligible for PTI, you must have no prior criminal history and the crime you are charged with must be non-violent. In many cases, there are alternatives available to jail time, such as jail alternatives, home detention, etc.
New Jersey Weapons Charges
New Jersey weapons law is governed by the Graves Act, which establishes mandatory sentencing requirements for convicted felons who illegally possess a gun. The Graves Act provides for a mandatory minimum sentence of at least three years in prison, with 85% of the sentence required to be served before parole eligibility. The law also provides for enhanced penalties for anyone who uses a gun to commit a crime.
The types of weapons offenses that are most commonly prosecuted in New Jersey are:
- Unlawful Possession of a Weapon
- Possession of a Prohibited Weapon
- Possession of a Weapon for an Unlawful Purpose
- Certain Persons Not to Have Weapons
- Certain Persons Not to Possess a Handgun
- Possession of a Handgun Without a Permit to Carry
- Unlawful Possession of a Handgun
- Possession of an Airgun, Spring Gun, or B.B. Gun
- Unlawful Possession of a Stun Gun
- Possession of a Weapon by a Person Under the Age of 18
- Possession of a Weapon on School Property
- Possession of a Weapon in a School Zone
- Possession of a Firearm by a Person Under the Age of 21
- Firearms Trafficking
- Manufacture, Transport, Disposition and Defacement of Weapons and Certain Instruments of Crime
- Certain Weapons Prohibited
- Possession of a Weapon at an Airport
- Possession of a Weapon in a Public Park
- Possession of a Weapon on a Beach or Boardwalk
- Possession of a Weapon in a State Park
- Possession of a Weapon in a Recreation Zone
- Possession of a Weapon in a Wildlife Management Area