Weapons Offenses in New Jersey
New Jersey has very strict laws regarding firearms and weapons offenses. Under the Graves Act, for example, unlawful possession of a firearm is a first degree crime in certain circumstances, and a person convicted of unlawful possession of a machine gun, handgun, rifle or shotgun is subject to a mandatory minimum period of parole ineligibility.
The legal definition of “weapon” in New Jersey, according to N.J.S.A. 2C:39-1r, is anything readily capable of lethal use or of inflicting serious bodily injury. This means that many objects can be considered weapons, depending on the determined intent of the wielder. BB guns, airsoft guns, and paintball guns fall under the category of firearms under NJ state law.
The sentencing Statute relating to Firearms offenses is known as The Graves Act and is one of the harshest sentencing statutes in New Jersey. There is almost no circumstance under which someone can take a plea to a Graves Act offense and avoid serious state prison time. Having a lawyer who understands these types of offenses and who knows how to properly try a gun case is critical.
New Jersey Weapons Charges Include:
- Unlawful Possession of a Weapon (NJ 2C:39-5)
- Possession of Weapons for Unlawful Purposes (NJ 2C:39-4)
- Prohibited Weapons and Devices (NJ 2C:39-3)
How do we Defend Against a Gun Charge?
Successfully defending against gun and weapon charges in NJ requires an acute understanding of the law and the way that expert testimony in the courtroom works. This takes years of courtroom experience to develop. We have successfully defended clients against gun charges and the ramifications of the Graves Act for more than 40 years. Successfully challenging the State’s ballistics and weapons experts is key to winning a case like this, and we know how this is done.
If convicted of charges related to possession of a firearm or weapon, the result can be heavy fines and a prison sentence of up to 20 years. It is time to call in the expert attorneys at Schneider Freiberger, P.C. if you have been charged with any weapons related offenses.