Navigating NJ’s Graves Act for Gun Offenses: What You Need to Know

May 15, 2023

If you have been charged with a gun offense in New Jersey, it’s important to understand the serious nature of these charges and the potential consequences you may face. In particular, New Jersey’s Graves Act imposes mandatory minimum sentences for certain gun-related offenses, which can result in significant jail time and other severe penalties. In this article, we will explain the Graves Act and what you need to know to navigate gun offenses in New Jersey.

What is the Graves Act?

The Graves Act is a New Jersey law that was enacted in 1981. The law is designed to deter gun crimes by imposing mandatory minimum sentences for certain offenses involving firearms. It applies to a wide range of gun offenses, including unlawful possession of a firearm, possession of a firearm for an unlawful purpose, and certain types of aggravated assault.

If you are convicted of a Graves Act offense, you will be subject to a mandatory minimum sentence of imprisonment, which means that the judge has no discretion to impose a lower sentence.

What offenses are covered by the Graves Act?

The Graves Act applies to a wide range of gun offenses, including:

Unlawful possession of a firearm
Possession of a firearm for an unlawful purpose
Sawed off shot gun or machine gun
Robbery with a firearm
Burglary with a firearm

What are the penalties for Graves Act offenses?

The Graves Act imposes significant penalties, extending even to individuals who are being charged for the first time. When convicted of a weapons offense under the Graves Act, the law mandates a prison sentence with a minimum period of parole ineligibility set at one-third to one-half of the imposed sentence, or three years, whichever is greater. Consequently, for second-degree offenses, the sentencing range falls between five (5) and 10 years in NJ State Prison, with a mandatory minimum of three (3) years that must be served before becoming eligible for parole. These stringent measures underscore the gravity of firearms-related offenses and reflect the commitment to public safety within the state.

What are your options if you are facing charges under the Graves Act?

If you are facing charges under the Graves Act, it is important to understand your options. Here are some things to keep in mind:

Hire an experienced attorney: The Graves Act is a complex law, and it is important to have an attorney who has experience defending clients in these types of cases. At Bramnick Law, our attorneys have a track record of success in defending clients who are facing gun charges under the Graves Act.
Negotiate a plea deal: In some cases, it may be possible to negotiate a plea deal with the prosecutor. This can involve pleading guilty to a lesser offense in exchange for a reduced sentence.
Challenge the evidence: If the evidence against you was obtained illegally or if there are other problems with the prosecution’s case, it may be possible to challenge the evidence and have the charges against you dismissed.
Go to trial: If the evidence against you is strong and a plea deal is not an option, you may have to go to trial. Our attorneys are experienced trial lawyers who will fight to protect your rights and achieve the best possible outcome for your case.

Contact Bramnick Law Today For a Free Consultation About Your Criminal Defense Case

Bramnick Law is a team of experienced and dedicated attorneys who are committed to fighting for the rights of our clients. Whether you are facing criminal charges, dealing with a personal injury, or need help with a legal issue related to your business, our attorneys have the knowledge and expertise to help.

At Bramnick Law, we believe in providing our clients with personalized attention and customized legal strategies that are tailored to their individual needs.

Our attorneys are experienced in a wide range of practice areas, including criminal defense, personal injury, family law, immigration law, and business law. We have a track record of success in achieving positive outcomes for our clients, whether that means negotiating a plea deal, securing a settlement, or winning a case at trial.

What sets us apart from other law firms is our commitment to our clients. We understand that dealing with legal issues can be stressful and overwhelming, which is why we strive to make the process as smooth and stress-free as possible. We keep our clients informed throughout the process, answering their questions and providing guidance every step of the way.

If you are in need of legal representation, you can trust the team at Bramnick Law to fight for your rights and achieve the best possible outcome for your case. Contact us today to schedule a consultation and learn more about how we can help you