Possession of a Weapon for an Unlawful Purpose

The attorneys at our criminal defense firm assume that you have been charged with possession of a weapon for an unlawful purpose in Atlantic County given the nature of your research. The most important thing we can tell you about the N.J.S.A. 2C:39-4 charge is that you absolutely want to obtain a consultation with a lawyer immediately since you are facing a felony weapon offense that carries stiff penalties. Our criminal team is here to assist you without obligation and includes an accomplished group of Atlantic County weapon lawyers.

Most of the staff are former prosecutors with one who served as a director of major crimes and another who was director of the gangs, guns and drugs task force for the prosecutor’s office. Our prior experience spans over 150 years collectively and we certainly have the means to seamlessly defend your charge at the Atlantic County Criminal Court Complex in Mays Landing as our office is just a stones through from the courthouse. To speak to a lawyer immediately about your unlawful purpose offense, call (609) 616-0020.

What Does The New Jersey Unlawful Purpose Law Say?

The criminal offense known as possession of a weapon for unlawful purpose is contained at 2C:39-4. This statute prohibits someone from possessing a weapon with a “purpose to use it unlawfully against the person or property of another”.

When Does Someone Possess An Unlawful Purpose?

An individual possesses an “unlawful purpose” when their state of mind is to use the weapon in some manner that would be unlawful. In this regard, it should be kept in mind that the county prosecutor in Mays Landing need not prove who or what the target of the conduct was but simply that, based on all the facts and circumstances, the item was possessed for some use that was unlawful.

Are There Other Elements That The Prosecutor Must Demonstration In Order To Prove A Charge Under 2C:39-4?

The Atlantic County Prosecutor’s Office must establish, beyond reasonable doubt, that you: (1) the item was a weapon (i.e. handgun, firearm, bat, knife, bottle or any other item capable of causing serious injury to another); (2) actually or constructively possessed the weapon; and (3) there was a purpose to use it against another person or property.

What Are The Penalties For Possessing a Weapon Unlawfully If I Am Convicted in Atlantic County?

It is a second degree crime to possess a firearm (e.g. handgun, shotgun or rifle) for an unlawful purpose. An individual faces a 5-10 year prison term and up to a $150,000 at the time of sentencing for this second degree crime. You should also know that the Graves Act requires that a mandatory minimum term of confinement also be set at one-half of the sentence imposed or three years, which is more. It is also a second degree crime with similar penalties to possess an explosive device or destructive device in violation of 2C:39-4. All other weapons possessed for an unlawful purpose result in a third degree crime and penalties that include up to 5 years in prison and a $15,000 fine.

Contact Our Mays Landing Criminal Defense Firm To Speak To An Experienced Atlantic County Weapons Defense Attorney

We see information that stretches reality all too often on the internet as it relates to the experience of lawyers. You read a page and it sounds like the attorney has been practicing for decades or is somehow an expert in an area of law despite having no prior experience to speak of, a limited number of years in practice and/or does a little of everything in terms of practice. Here at the Law Offices of Jonathan F. Marshall, the 10 attorneys on our defense team handle nothing but the defense of the accused and, in most cases, they have 15 years or more in practice. We therefore encourage you to look closely a bios and make sure you know what you are really considering (e.g. how many years has the lawyer actually been licensed, etc.). If you delve deeply into true credentials, we are confident that you will want to speak to one of our lawyers before deciding who will defend your unlawful purpose of a weapon charge in Atlantic County.  Someone is ready to take your call immediately at (609) 616-0020.