Possession of a handgun, pistol, assault rifle, or other guns in New Jersey without proper legal authority can result in a years-long prison sentence. The consequences can be even more severe if you have been charged with companion offenses, such as assault, robbery, or a drug crime. Further, conviction of a Graves Act offense in New Jersey triggers a mandatory minimum term in a New Jersey state prison.
If you are arrested on weapons charges in New Jersey, you face severe consequences unless you are able to have the charges downgraded or dismissed. The complexity of New Jersey firearms laws and the harshness of gun penalties make it a mistake to attempt to resolve gun offenses on your own.
The Law Offices of Jonathan F. Marshall offer you the help of 11 dedicated defense lawyers who focus exclusively on criminal defense. Our legal team has more than 200 years of collective experience handling firearms charges involving handguns, shotguns, assault rifles, machine guns, and illegal possession in courts throughout New Jersey.
Contact The Law Offices of Jonathan F. Marshall for help today. Call us at 877-534-7338 anytime, 24/7, or contact us online for a free consultation.
What Constitutes a Gun Charge in New Jersey?
New Jersey has some of the most stringent gun laws in the nation. If you have a gun illegally, there are multiple gun crime charges you may face. They include weapons charges around:
- Certain Persons Not Allowed to Possess a Firearm. An individual who has been convicted of an indictable fourth-degree crime, third-degree crime, second-degree crime, or first-degree crime can lose the right to possess a handgun or any firearm. An individual convicted of domestic violence or who has been committed to a mental hospital may also be prohibited from possessing a gun.
- Possession of a Gun During Drug Activity. New Jersey applies enhanced criminal penalties when an individual is convicted of possessing an illegal gun while distributing a controlled dangerous substance (CDS), such as cocaine or heroin or more than 50 grams of marijuana, or while possessing an illegal drug with the intent to distribute. Essentially, possessing a gun and an illegal controlled substance simultaneously will result in two second-degree offense criminal charges.
- Unlawful Possession of a Handgun. It is illegal to possess a handgun in New Jersey without a carry permit, except when the weapon is being transported to and from a gun range or gun shop.
- Illegal Possession of a Rifle or Shotgun. Rifles, or long guns, are as strictly regulated in NJ as pistols and revolvers.
- Possession of a Firearm for Unlawful Purposes. New Jersey firearms laws state that anyone in possession of a firearm for the purpose of using it against another person or their property is guilty of a criminal offense.
- Possession of a Firearm in a Prohibited Location. New Jersey prohibits the possession of firearms in certain locations, including government buildings, schools, and entertainment centers. It also generally prohibits possessing a handgun outside of one’s home or place of business without a permit.
- Unlawful discharge of a firearm. Unlawful discharge of a firearm may be punished by a fine of up to $500, imprisonment of up to 90 days, or both, at the discretion of the court. The offense occurs when someone fires a weapon in a way that poses a threat to public safety. This includes shooting a gun:
- In residential neighborhoods
- Near schools
- In public parks
- In other public places where people may be present
- Across a state highway
- Into an unoccupied building
- From a moving vehicle
Gun Charges in New Jersey Often Lead to Jail Time
Unlawful possession of a firearm is generally a second-degree offense in New Jersey. A second-degree offense is punishable by 5 to 10 years in prison and a fine of up to $150,000. Some minor gun charges may be filed as third-degree or fourth-degree offenses, which are also punishable by prison time.
Under the Graves Act, an individual convicted of a gun offense in New Jersey is ineligible for parole until they have served 42 months in prison.
When a gun is used to commit a violent crime, such as murder, kidnapping, or armed robbery, the individual will be charged with a first-degree offense. A first-degree offense is punishable by 10 to 20 years in prison, with a presumptive sentence of 15 years. The defendant may also face a fine of up to $200,000.
Some first-degree offenses, like murder, kidnapping, and carjacking, carry statutory penalties or specific punishment prescribed by New Jersey gun laws. For example, kidnapping charges may be punished by 25 years to life in prison. Murder charges may lead to a sentence of 30 years to life in prison, with a minimum of 30 years served before parole eligibility. Some homicide cases result in a sentence of life without parole.
The statutory penalty for a first-degree offense could be imposed in addition to or concurrent with gun possession penalties. New Jersey’s No Early Release Act (NERA) requires that defendants sentenced to prison for certain violent crimes serve 85% of the prison term before becoming eligible for parole. It also imposes parole supervision for 5 years after release from prison for a first-degree crime and 3 years for a second-degree crime.
Factors Influencing Sentencing for Gun Charges
All gun possession charges in New Jersey may lead to jail or prison time. If you are convicted of certain gun charges, particularly if you commit a violent crime with a gun, you face a mandatory prison sentence that requires you to serve more than three years before you may be considered for parole. You need an experienced criminal defense attorney to guide you through the process and protect your rights.
For some lesser crimes, such as possession of a gun on school grounds, the court has some sentencing discretion.
Issues that are considered aggravating factors and will be held against you when considering sentencing on gun charges include:
- Prior convictions, especially for similar offenses
- Presence or use of a weapon during the commission of a crime
- Premeditation, intent to harm, or commission of a hate crime
- Violence or threats of harm, such as domestic violence
- Gang-related activity
- Drug-related activity
- Physical or emotional harm suffered by the victim
- Financial loss or harm to the victim or community
Issues that are considered mitigating factors, which may help you when the court considers sentencing, include:
- Lack of a criminal record
- Genuine remorse and accepting responsibility for the offense
- Cooperation with law enforcement
- Proof of a mental health condition or that the defendant is undergoing rehabilitation
- Young age and challenging personal circumstances, such as poverty or a history of abuse
- Limited involvement in the offense or participation under duress
- Positive character references
If you were to be convicted, we would work to make the court aware of all mitigating factors that could impact sentencing. We would rebut or limit the impact of any aggravating factors introduced by the prosecution.
The attorneys at the Law Offices of Jonathan F. Marshall have years of experience and established working relationships with prosecutors across New Jersey. When our attorneys present proposals for the reduction or dismissal of gun charges on behalf of clients, our proposals will receive fair consideration.
Legal Defenses for NJ Gun Charges
Regardless of the circumstances of your arrest or indictment for gun charges, the courts must presume you are innocent unless and until a prosecutor can prove your guilt beyond a reasonable doubt. As your defense attorneys, the Law Offices of Jonathan F. Marshall will investigate the circumstances of the charges filed against you and identify the best opportunities to have the charges reduced or dismissed. If necessary, we will defend you in court.
Common defenses to gun charges include:
- Illegal arrest, illegal search, or illegal seizure. Gun charges should be thrown out if we can show that the police had no reason to stop and search you.
- Lack of possession. Depending on the location of the firearm at the time of the arrest, the prosecution may not be able to prove you were in possession of a weapon.
- Lack of knowledge. Most NJ weapons possession statutes refer to knowing possession. If we can show you were unaware of the presence of the gun, charges against you should be dismissed
- Temporary possession. If you only had temporary possession of a firearm during a transaction involving other parties, we may be able to get charges against you reduced if not dismissed.
- Possession of a license, gun permit, or firearms purchaser identification card. Under certain circumstances, possession of guns is allowed with the proper license, permit, or firearms purchaser identification card.
It may be possible to get a client with a clean record who is facing gun possession charges into a pretrial diversion program. Diversion programs allow offenders to avoid prosecution by agreeing to supervision and social services administered by the courts. Participants who successfully complete the program have charges against them dismissed. Unsuccessful participants face prosecution.
New Jersey’s Pretrial Intervention (PTI) and Veterans Diversion Program generally do not accept individuals facing weapons offenses. However, in State v. Nwobu, 652 A.2d 1209, the Court said a program applicant must show compelling reasons why they should be admitted to PTI. We believe this argument should also apply to the Veterans program. If the facts of your case allow and it is appropriate for you, we would present a compelling case for your admission to a diversionary program.
Contact Our Criminal Defense Attorneys in New Jersey
The complexity of New Jersey’s weapons possession laws makes it easy for local officials to file gun charges against a defendant. Potential charges and the likelihood of prison time upon conviction make it crucial to have the assistance of a skilled defense attorney if you face gun charges in New Jersey. The attorneys of the Law Offices of Jonathan F. Marshall have more than 200 years of combined experience defending New Jersey residents in cases involving unlawful possession and use of guns and other weapons.
An arrest or indictment is the beginning of a long process that does not have to end in a guilty verdict. We can provide a strategic defense that gives you reason to be optimistic. If you or someone you love faces gun charges in New Jersey, contact us today at 877-534-7338 anytime or contact us online for a free consultation.
