Woodbridge Weapon Charge Defense
The New Jersey Criminal Code sets forth several weapon offenses that can present a serious problem for you if you are convicted. For the most part, these charges target possession alone although there are also weapon violations that focus on the use or intent. The term weapon encompasses not only a handgun, revolver, shotgun, rifle, stun gun but also non-traditional devices that are capable of inflicting bodily injury. Examples of objects falling within this realm include bats, hammers, bottles, pipes, etc. Given the severity of the penalties that apply to weapon charges, it is always wise to obtain experienced representation. The attorneys on our staff embody one of the largest criminal firms in the entire state. Our lawyers include several former prosecutors that possess decades of experience fighting the state in both Woodbridge Municipal Court and at the Middlesex County Superior Court. Irrespective of whether you are facing a second degree, third degree or fourth degree indictable felony in New Brunswick or a disorderly persons offense in Woodbridge Township, we can get you the result you need. Call our Woodbridge Criminal Firm for immediate assistance. The initial consultation is without charge.
Woodbridge Weapon Offenses
An individual can commit a weapon violation and be arrested in several ways. The first way is to possess a “prohibited weapon”. What we are referring to here is possession of an item set forth under N.J.S.A. 2C:39-3. This are objects that are illegal to possess under any circumstance including a sawed off shotgun, silencer, defaced firearm, body armor, hollow tip bullets, stun guns, handcuffs, and large capacity magazines. The second category of weapon offenses concern weapon that can be possessed legally but require a special license or permit. What we are classically referring to here are firearms including a handgun, pistol, revolver, rifle or shotgun. When someone violates N.J.S.A. 2C:39-5 by possessing one of these weapons without a permit providing proper authority to hold the item, they are subject to severe penalties. The third variety of weapon offense concerns those people who are prohibited from possessing any form of weapon under N.J.S.A. 2C:39-7 because of a prior felony record. The final form of weapon violation targets those who use or possess weapons to commit a criminal violation. When this is the case, the individual is in possession of a weapon for unlawful purpose in violation of N.J.S.A. 2C:39-4.
Penalties That Apply to Handgun & Other Weapon Cases
These offenses can range from a second degree offenses down to fourth degree offenses. The difference in degree is significant. A second degree offense carries with it the possibility of between 5 and 10 years of incarceration. A third degree offense carries with it the possibility of incarceration for between 3 and 5 years. A fourth degree offense, comparatively, only carries with it the possibility of incarceration for up to 18 months. All of these offenses may, however, also come with heavy fines related once again to the severity of the degree of the offense. It is also worth mentioning at this juncture that there are two additional laws that come into play when the court considers sentencing in weapons cases. These laws are the Graves Act and the No Early Release Act (NERA). The effect of these two laws is to impose a period of mandatory incarceration that cannot be avoided under any circumstance. What this means is that you will be sentenced to a mandatory minimum jail/prison term at the time of sentencing and period to which you will be ineligible for parole.
Gun and Weapon Lawyers in Woodbridge Township NJ
Given the potentially for lengthy prison terms and heavy fines, you cannot afford to be without a skilled attorney if you are facing one of these offenses. At the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against weapons charges in Woodbridge, New Brunswick and elsewhere. We know how to effectively defend handgun and other weapon charges with hundreds of cases successfully handled at the Middlesex County Superior Court, as well as the Woodbridge Municipal Court. To speak to an attorney in a free initial consultation, call our office now.
