Unlawful Possession of a Handgun or Other Weapon Attorney in Monmouth County
It isn’t a secret that New Jersey is definitely considered an anti-gun state, especially when it comes to handguns. Lawmakers in the Garden State have adopted some of the stiffest gun laws in the nation so unlawful possession of a firearm within its borders can be extraordinarily risky. The Monmouth County gun lawyers at Marshall Criminal Defense understand that people can make mistakes and have lapses of judgment but they should destroy an individual’s future. We also know what it takes to ensure that someone charged with unlawful possession of a handgun or other weapon avoids a felony criminal record and prison.
Contact A Highly Skilled Gun Possession Attorney in Freehold NJ
The team of accomplished attorneys at our firm has been successful in defending unlawful possession charges for decades at the Monmouth County Superior Court in Freehold. Our qualifications for handling your weapons charges are exceptional and include:
- 15 lawyers that limit their practices to criminal defense
- Over 200 years of combined experience representing clients arrested for any type of weapons offense in Monmouth County
- Former members of the Monmouth County Prosecutors Office who have been appearing at the county courthouse in Freehold New Jersey for decades and have served at the highest positions in the venue, for example, Director of Major Crimes, Special Victims, Juvenile, and even the entire Trial Division
- A Former Gun Task Force Director on staff
- Certified criminal trial attorneys
- Former Municipal Court Prosecutors of Wall, Holmdel, Howell, Matawan, Hazlet, Middletown, Colts Neck, Manasquan, Brielle, and other towns
- A rich history and track record of acquittals, dismissals, and favorable outcomes in gun crime and other varieties of Monmouth County weapon offense cases.
If you or a loved one is facing an unlawful possession offense in Freehold at the Superior Court, a Monmouth County unlawful possession of a weapon attorney at our law office is ready to assist you 24/7. Initial consultations with a top lawyer are always free so there should be no hesitation to contact us. Call our Freehold Office now at 732-462-1197.
New Jersey Unlawful Possession Law – Elements of Offense – Penalties That You Face If Convicted – Potential Defenses
Individuals charged with unlawful possession in New Jersey can generally be divided into two categories, residents caught with a handgun, shotgun or rifle, and out-of-state gun owners who mistakenly bring their firearm into this state. Irrespective of which heading applies to you, the same New Jersey Criminal Law will guide your guilt or innocence. In this regard, N.J.S.A. 2C:39-5 provides as follows with respect to each class of weapon:
- Machine Guns. Subsection a of 2C:39-5 makes it a second degree crime to knowingly possess a machine gun without a license.
- Handguns. Subsection b of 2C:39-5 also makes a second degree crime to knowingly possess a handgun without a permit to carry except where it is handgun propelled by air or a spring (e.g. BB, Pellet or similar weapon), in which case possession is a third degree crime.
- Rifles & Shotguns. It is a third degree crime to knowingly possess a long-gun such as a rifle or shotgun without obtaining a firearms purchaser identification card under subsection c of 2C:39-5. It is also a third degree crime to be in possession of a loaded shotgun or rifle.
- Other Weapons. It is a fourth degree crime under subsection d of 2C:39-5 to possess any other form of weapon under circumstances that are not manifestly appropriate for lawful use.
- Assault Firearms. It is a second degree crime under subsection f of 2C:39-5 to be in possession of an assault firearm without a license issued under N.J.S.A. 2C:58-5.
Now that you have a general knowledge of how the unlawful possession law applies to each type of weapon outlined in N.J.S.A. 2C:39-5, our Monmouth County unlawful possession of a handgun lawyers will explore the specific elements needed to prove each weapons charge. Please keep in mind the Monmouth County prosecutor, attorney general, or other law enforcement agency responsible for prosecuting a weapons or gun crime must prove these fundamental elements in order to secure a conviction.
Elements That Must Be Established To Prove Unlawful Possession
Principles of criminal justice and New Jersey law require that prosecutors prove every element of an offense beyond reasonable doubt. In terms of proving unlawful possession of a weapon charges, the state must always establish knowing possession. What this means is that the accused was aware of the presence of the weapon or firearm, and had an intention to exercise control over the item at some point in time.
- In terms of a machine gun, the state must also establish that the defendant lacked a license for a machine gun.
- When the weapon is a handgun, the added element is proof beyond a reasonable doubt that the defendant lacked a permit to carry.
- Rifles and shotguns require the added proof, in terms of guilt, that the possessor lacked a firearms purchaser’s ID card.
- Finally, if the weapon is something other than a firearm (i.e. an object readily capable of inflicting serious bodily injury), the state must prove, beyond a reasonable doubt, that the item was possessed “under circumstances not manifestly appropriate for lawful use”.
Penalties for Unlawfully Possessing a Handgun, Shotgun, Rifle or Other Weapon
The grading of an unlawful possession offense for each category of firearm and other weapons in accordance with 2C:39-5 was previously set forth. The related penalties that apply in each instance are as follows:
- Unlawful Possession of a Handgun, Machine Gun or an Assault Firearm. It is a second degree crime that carries 5-10 years in New Jersey State Prison and a fine of up to $150,000 to possess a handgun, assault firearm, or machine gun without proper authority under New Jersey law. The accused is exposed to these penalties simply for possession and there need not be any gun violence or unlawful purpose associated with the weapon for these penalties to apply. The Graves Act also applies and requires that the sentencing court impose a period of parole ineligibility equal to that must be set at the greater of one-half of the sentence imposed by the court or 42 months, whichever is greater.
- Unlawful Possession of a BB/Pellet Gun or a Rifle/Shotgun. It is a third degree crime for someone to possess a BB, Pellet, Rifle, or Shotgun without a carry permit in the case of a handgun of this nature and a firearm purchaser ID card insofar as a rifle or shotgun is concerned. The penalties for these crimes include up to 5 years in prison and a fine of up to $15,000. The Graves Act applies in the case of possession of a rifle or shogun without a firearms purchaser identification card with a mandatory minimum term of imprisonment of 42 months.
- Unlawful Possession of Other Weapons. It is a fourth degree crime to unlawfully possess any other weapon in violation of 2C:39-5d. The penalties for this offense include up to 18 months in prison and a fine that can reach $10,000.
There are also sentencing enhancements that potentially apply for unlawful possession of a weapon. For example, an individual who has a prior No Early Release Act conviction who is later convicted for violating 2C:39-5 must be sentenced a first degree offender. The penalties for a first degree crime include 10-20 years of imprisonment and a maximum fine of $200,000.
Graves Act Waivers. While the Graves Act applies in unlawful possession of a handgun, rifle, shotgun, machine gun and assault rifle cases, the law affords a safety valve to avoid a mandatory minimum period of parole ineligibility and even incarceration altogether where a highly skilled criminal defense lawyer is able to secure a Graves Act waiver. This clearly isn’t an easy task and is largely limited to out-of-state gun owners who innocently bring their weapons into NJ.
Second Amendment Exemption. The Second Amendment to the United States Constitution guarantees the right to bear weapons in a residence. The effect of this right is to allow someone to possession a firearm that isn’t of an illegal nature under any circumstance (e.g. assault weapon) within the four corners of their property even though they haven’t been issued a permit to carry (i.e. handgun) or a firearm purchasers ID card (i.e. shotgun or rifle).
Bail & Pretrial Release in Monmouth County Unlawful Possession Cases. There is no longer bail in New Jersey. Now a defendant must be processed on every warrant complaint and taken to the Monmouth County Correctional Institute (a.k.a. Monmouth County Jail). A public safety assessment (“PSA”) is prepared at the facility by a member of pretrial services at the Criminal Division of Monmouth County Superior Court and this report is used to predict the risk associated with releasing someone arrested for a criminal charge such as unlawful possession of a handgun or a weapon. You should also be aware of the fact that the Monmouth County Prosecutor has the discretionary right to file a motion to detain a defendant and this is generally the case in illegal handgun cases since there is a Directive from the NJ Attorney General suggesting this course of action.
Disqualification from Pretrial Intervention (a.k.a. Pre trial Intervention or PTI). A person is precluded from obtaining Pretrial Intervention or Drug Court if they are facing a charge for unlawful possession of a machine gun, handgun, assault rifle or have a prior NERA conviction.
Our Freehold Unlawful Possession of a Handgun Defense Lawyers Are Ready To Help You
Whether the weapon result in your arrest was seized as a result of a stop by the state police on the Garden State Parkway, as the result of a Domestic Violence and resulting Restraining Order investigation, or any other circumstance, being charged with unlawful possession is a serious matter. You simply cannot afford to drag your feet in retaining a criminal attorney in Monmouth County or settling for anyone who isn’t accomplished. This is why you shouldn’t delay contacting Marshall Criminal Defense now.
Our team of Monmouth County unlawful possession of a weapon attorneys include veteran prosecutors from the jurisdiction that not only what’s needed to mount an effective defense in a handgun and other weapon case, but also have the benefit of relationships built over decades working in the court system in Freehold. To learn how a lawyer at our law firm can help you defend an unlawful possession of a handgun charge in Monmouth County, call our office for a free consultation at 855-450-8310. An attorney is ready to answer all questions associated with your gun charge and to provide resourceful guidance
