The consultation is free and our attorneys are prepared to assist you with your case and gun charge questions anytime. New Jersey trial courts have a crowded criminal docket. Possession of Certain Weapons by certain Persons not to own/possess a firearm. The legal team at the Law Offices of Jonathan F. New jersey state gun laws. Marshall will develop a defense that refutes and raises doubt about the prosecution's case against you. Begin our investigation into the weapons charges against you, including obtaining statements from you and other witnesses and reviewing police reports and other evidence connected to the case.
First Offense Gun Charge In New Jersey County
In most cases, the crime of "possessing a weapon for unlawful purposes" is charged along with other crimes like robbery or burglary. Not all cases need to go that far. In New Jersey, you must first obtain a permit to purchase and carry a handgun. The defendant did not threaten or cause serious harm. Now enhanced penalties may be imposed on practically anyone convicted of illegally carrying a firearm. If you're facing automatic weapons charges and need legal advice, we may be able to help. For example, on a 5 year flat sentence, a defendant is typically eligible for parole after anywhere between 12 and 16 months in prison. A Pre-Trial Intervention (PTI) is a special program that a person with no prior convictions can apply for in order to avoid a trial and conviction. As mentioned above, New Jersey's weapons laws are extraordinarily strict and carry harsh penalties. Proving unlawful possession of a handgun requires the New Jersey prosecutor to establish: - A handgun was present, - You knew that you had the gun, and. If you are charged with a gun-related offense in New Jersey, one of the major laws that will dictate your sentence is the Graves Act. Any person committed to a mental institution or who has ever been confined for a mental disorder, unless a psychiatrist says otherwise. This means that you must serve all 3 years before being eligible to be released on parole. First offense gun charge in new jersey 2021. One common strategy is to examine the circumstances of the search and seizure.
First Offense Gun Charge In New Jersey Travel
In addition to being sentenced to juvenile detention, a minor who is convicted will have to deal with the consequences of a criminal record, which can affect one's ability to get a job and attend college. Travis truly worked to secure what was in my son's best interest. Ant person considered a drunkard. In essence, you avoid mandatory prison and the damaging effects of becoming a convicted felon with a criminal record. If the Prosecutor's Office agrees that you are eligible for the program, your attorney can assist you with submitting a PTI application to the Court. Gun Crime Lawyers in Union County NJ | Newark Weapons Offense Attorneys. You are facing a mandatory minimum of three years in jail. For example, if a person is convicted of the "Graves Act" offense of Unlawful Possession of a Handgun, in violation of N. 2C:39-5(b), a crime of the second degree, the sentencing range is between 5 and 10 years in New Jersey State Prison with a mandatory period of parole ineligibility of between 42 months and 5 years.
First Offense Gun Charge In New Jersey 2021
Its possession is punished as a fourth-degree crime. A conviction for a firearms violation can result in serious jail time, heavy fines, and jeopardize your future. Circumstances not manifestly appropriate for lawful use involve a threat of harm to a person or threat of damage to property. First Offense Gun Charge Violation New Jersey | Arrested for Gun 1st Time Offender NJ Lawyer. In fact, our attorneys have successfully handled multiple unlawful possession of weapons cases in many counties throughout New Jersey. Some of the more commonly charged weapons offenses and gun charges that our law firm handles include: - Possession of a Firearm for Unlawful Purpose.
New Jersey State Gun Laws
Unavailable witness. Additionally, that individual will face a period of parole ineligibility. The prosecution is already working hard to build a case against you. Can a Lawyer Help with my Camden Gun Possession Charge?
First Offense Gun Charge In New Jersey History
They will use that experience to defend you. Providing Experienced Criminal Defense for Those Throughout Essex County, Union County, Hudson County, Morris County and Passaic County. Firearm Possession Lawyers In New Jersey. 2, a defendant may apply for a waiver of an otherwise mandatory minimum sentence imposed by the Graves Act. Firearms include (but are not limited to) handguns, rifles, shotguns, machine guns, assault firearms, automatic or semi-automatic rifles, air guns, spring guns, and pistols. Another possible defense is to move to suppress the prosecution's evidence because it was obtained illegally.
If you are convicted, that is it. Cases involving juveniles charged with weapons offenses are usually heard in Family Court. First offense gun charge in new jersey county. Those convicted of fourth-degree crimes may only have to serve 18 months, while more serious charges may come with mandatory five- to ten-year sentences. Contact a Firearms Defense Lawyer and Reduce Your Charges. Other Gun Related Pages. Read more about the Graves Act here. Also, you can try and gain admission into the Pre-Trial Intervention (PTI) program.
Where was the firearm found? In addition to these documents submitted, the other factors a prosecutor will consider when determining whether a Graves Act waiver is appropriate will include the following: - Where was the weapon in question (in a vehicle? The Probation Officer will review the package we submitted and recommend you or not into PTI based on the interview. Assault Rifle & Machine Gun Possession Penalties.
Pre-Trial Intervention for Weapons Possession. Certain Persons Offenses – Info about "certain persons to not own firearms" offenses. Put simply, in order to violate N. 2C:39-5 the following criteria must be met: - a weapon must have existed. Then, we try to understand what led to the underlying incident. The Graves Act Waiver can come in two forms: (1) request for a probationary sentence (this could include Pretrial Intervention); or (2) reduction of the mandatory minimum term of imprisonment (parole ineligibility) to one (1) year. Other prosecutorial and/or police misconduct. This is not always a winning argument but it can be under the right set of circumstances.
He was facing gun charges, drug distribution charges and certain persons. Second-degree crimes are punishable by: - Five to ten years in prison, - Up to $150, 000 in fines, - An indictable felony conviction on your criminal record.
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How To Turn Up A Cat C7 Seat
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How To Prime A C7 Cat Engine
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How To Turn Up A Cat C7 Engines
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