Unlawful Possession of a Handgun Defense Lawyer in Mount Holly New Jersey
Have you been charged with handgun possession in Burlington County? Selection of the right criminal attorney to defend you is going to be imperative if you have since an unlicensed Glock, Berretta, Smith & Wesson or similar firearm carries the possibility of years in prison. There is zero tolerance under New Jersey Law for possession of a handgun without a carry permit except under the narrowest of circumstances (e.g. transport to and from a gun range). You will need to present a persuasive defense if you want to maintain your liberty. Representation by a Burlington County criminal lawyer who is skilled in defending gun charges will provide you with the ammunition that you need to escape a conviction.
The attorneys at the Law Offices of Jonathan F. Marshall are well suited to defend you against a handgun possession charge. The rare and impressive qualifications for your pistol or revolver case include:
- Over 200 years of combined experience handling firearm offenses like unlawful possession of a handgun, certain persons, unlawful purpose and possession of a firearm during CDS activities
- Ten criminal lawyers whose practices are limited exclusively to the defense
- Former county prosecutors that have served as Director of the Gun Task Force, Major Crimes Bureau, Trial Division, Juvenile Unit, Special Operations
- Certified criminal trial attorneys
- A Mount Holly Criminal Firm located just a block from the Burlington County Courthouse
We believe that our credentials are exceptional and welcome the opportunity to speak to you if you or a loved one was arrested for allegedly possessing a handgun. You can call our office at 609-491-2110 for a free consultation to go over all of the dynamics of your charges including an upcoming detention hearing or any other aspect of your case.
Unlawful Possession of a Handgun Offense
N.J.S.A. 2C:39-5b makes it a second degree crime for someone to knowingly possess a handgun without obtaining a carry permit. If the propelling force of the weapon is a spring, air or elastic so that it is in the nature of an air gun or spring gun, possession without a permit is a third degree crime.
Elements of Offense. The prosecutors must establish four elements in order to prove a 2C:39-5b offense. First, the item in question must have been an operable handgun. Second, the accused must have been in actual or constructive possession of the weapon. Third, the possession must have been knowing, that is, the defendant must know the object is a gun and that he/she is in possession. Fourth, the defendant must have lacked a carry permit or other license to possess the handgun.
Penalties for Unlawful Possession. Second degree unlawful possession of a handgun for an unlawful purpose results in a maximum fine of $150,000 and 5-10 years in prison. Third degree unlawful possession of a BB gun, Pellet gun or similar item carries up to 5 years of imprisonment and a potential fine of $15,000.
Graves Act Applies. Unlawful possession of a handgun is a Graves Act offense that triggers a mandatory minimum period of imprisonment. The minimum term during which a defendant is ineligible for parole is equal to one-half of the sentence imposed or 42 months, whichever is greater. It is possible for a savvy defense attorney to secure a waiver from the Graves Act but this is a significant accomplishment that requires considerable skill.
Pretrial Detention. The prosecution files a motion to detain in almost all unlicensed handgun cases. If you possess a handgun without a carry permit, there is a directive that you be detained and that the prosecutor seek to hold you in jail without bail until your trial. It is absolutely imperative that you retain a lawyer that is experienced in defending detention hearings and has a track record of success like those at our firm.
Unlicensed Handgun Possession Lawyers Burlington County
An arrest for distribution of cds, aggravated assault, domestic violence or any other offense that results in seizure of an illegal handgun is a serious matter. Possession of a handgun without a carry permit can trigger a decade in prison by alone and the situation only gets worse if there is a secondary criminal charge. It is therefore critical to hire an attorney who is accomplished in the defense of firearm cases. The Law Offices of Jonathan F. Marshall features a team of highly talented criminal attorneys, most of whom have served as prosecutors, even as the Director of a county Guns Task Force. You are encouraged to contact us anytime 24/7 for a free consultation. A lawyer is ready to assist you at 609-491-2110.
